Herbst Kinsky wins lawsuit for Lower Austria
Herbst Kinsky has represented the Province of Lower Austria in a lawsuit against a political party represented in the state parliament of Lower Austria. The Supreme Court of Justice confirmed in its decision 3 Ob 193/15a in November 2015 the decisions of the lower courts and subsequently rejected the action against the Province of Lower Austria.
Subject of the proceedings was a dispute regarding the granting of party funding in Lower Austria. The Province of Lower Austria grants party funding to political parties represented in parliament. A spin-off of one political party also claimed this funding right. The Province of Lower Austria refused to accept this claim and has granted the party funding only to those political parties which have been successfully elected in the previous state election. The Supreme Court has upheld the admissibility of the reclaim of party funding in the future, once a claim of a separated political party for party funding has been determined by court.
The team of Herbst Kinsky in these proceedings was led by Stephan Lenzhofer.