Fiaker Salzburg: Application for annulment of the Fiaker contracts rejected by LVwG

2023-05-08 14:52:41

VGT locates a courtesy judgement, rejection is justified by the fact that the Fiaker contract is not a concession award, so the Fiaker rides are not in the interest of the city of Salzburg

Although the VGT does not pursue this procedure against the Fiaker contracts, it assumes that the Administrative Court will restore legal conformity and correct the LVwG Salzburg. Future concessions for carriages in Salzburg must contain stricter animal protection regulations, not leveling!

GDR. Martin Balluch, VGT chairman

Vienna (OTS) – The history is well known: despite countless disclosures of breaches of contract and animal cruelty by the Fiacre in Salzburg by the VGT, and despite the fact that there is a municipal council decision for heat-free from 30°C for the Fiaker horses, the ÖVP Mayor Preuner has drawn up a new Fiacre contract that all animal protection regulations leveled down and even the travel routes largely released, as well as no longer provides for consequences in the event of a breach of contract. On the other hand, an application was made by a German Fiaker driver, who regarded the award of the concession through the new Fiaker contract as not legally compliant, in particular because, contrary to the state objective of animal welfare, the corresponding specifications were worsened. The city of Salzburg argued that it was not about concessions but about a private-law lease, the city of Salzburg didn’t care whether carriages were driving, you didn’t have to adhere to any specifications for concession awards. Despite the temporary injunction against the new Fiaker contract, Mayor Preuner simply allowed the Fiaker to continue driving without any contract from May 1st, so “little” is the city of Salzburg interested in Fiaker rides.

The decision of the Salzburg State Administrative Court became known today. The judge rejects the application for annulment of the Fiaker contract. In the justification, she follows the argument of the city of Salzburg and claims that it is not about a concession. In other words, according to the judge, the city doesn’t care whether carriages drive or not, which is downright absurd considering the vehemence with which the city represents carriages and even allows them to ride without a contract. In the opinion of the VGT, this decision by the LVwG is illegal and arbitrary, and the reasoning is incomprehensible. The lawyer for the German Fiaker driver has already announced that he will appeal to the Administrative Court.

VGT Chairman DDr. Martin Balluch: “During the gate hunting campaign, we already got the worst possible impression of the Salzburg judiciary, Mayr-Melnhof’s proven acts of violence were ignored, and the victims of his violence were accused of defamation. Now the LVwG Salzburg seems intent on having to agree with the city of Salzburg with flimsy arguments. It is already clear from the behavior of ÖVP Mayor Preuner how much he and the city care about the cab ride. It would be ridiculous to claim that the city didn’t care about the carriages, that if there were no more carriage rides, then it wouldn’t matter to them. On the contrary, Preuner pulls out all the stops to make the carriage rides possible, even without any contract. Although the VGT does not pursue this procedure against the Fiaker contracts, it assumes that the Administrative Court will restore legal conformity and correct the LVwG Salzburg. Future concessions for carriages in Salzburg must contain stricter animal protection regulations, not leveling!“