Liebenwein Rechtsanwälte: WKStA confirms (partial) suspension of the infidelity investigation against DDr. Tojner in the fact complex Pannonia

The state of Burgenland itself made serious mistakes in the withdrawal procedure, as confirmed by the state audit office

Vienna (OTS) In a notification dated August 17, 2022, the WKStA announced that in the Pannonia case the allegations of breach of trust made by the state of Burgenland against DDr. Michael Tojner and 16 other suspects are to be dismissed in whole or in part. This is already the second important decision after the Supreme Court (OGH) confirmed a complaint by the General Procuratorate in November 2021, according to which the allegations of breach of trust in connection with the non-profit housing associations Riedenhof, Gesfö and Pannonia were wrongly raised.

The legal dispute of DDr. Michael Tojner with the state of Burgenland has been running for over three years now. It is about three non-profit organizations (Pannonia, Riedenhof and Gesfö) in which the state authorities carried out withdrawal procedures over 10 years ago.

“The state of Burgenland claims to have received compensation amounts that were too low and to have been damaged in the course of the assessment through acts of embezzlement and deceit. The fact is, however, that the proceedings were carried out under the full responsibility of the state of Burgenland. The compensatory payments totaling around 25 million were determined with official experts from the state and the companies have also paid these compensatory payments in full”, says attorney Mag. Karl Liebenwein.

“There are legally valid decisions issued by the state government, which the non-profit organizations concerned have complied with in full. There is no damage to the state of Burgenland, which the state of Burgenland would now be entitled to claim, and there is no illegal or damaging behavior on the part of our client.” This would also be confirmed by the audit report of the Burgenland state audit office from May 2020. “This clearly states that the state of Burgenland itself made serious mistakes in the withdrawal process.”

“According to the statements of the audit report, the state of Burgenland had a massive interest in bringing the non-profit organizations to Burgenland, on the one hand to promote non-profit housing construction or, in the event of economic failure, to obtain compensation for the withdrawal of non-profit status – in any case Profit for the state of Burgenland. In the first case, a new building volume of around 30 million euros was expected or, in the worse case, a replacement payment of 20 million euros if the non-profit status were withdrawn. This was also the path specified by the state of Burgenland,” Liebenwein notes.

“More than ten years after the withdrawal proceedings and after more than three years of investigative work by the authorities, it is clear that the allegation of breach of trust made by the state of Burgenland against our client cannot be upheld. In the further course of the investigation, it will also become clear that there can be no deception, because the state of Burgenland acted completely uninfluenced and on its own responsibility. The state administration had all the information and documents to carry out the administrative procedures for withdrawing non-profit status.”

Link to the test report “Pannonia, Gesfö and Riedenhof non-profit building associations withdrawal of non-profit status”:

https://www.blrh.at/fileadmin/user_upload/Leistungen/Berichte/Berichte_2020/Pruefungsbericht_Gemeinnuetzige_Bauvereinigungen.pdf

Questions & contact:

Liebenwein Rechtsanwälte GmbH
Mag. Karl Liebenwein
Lawyer
karl.liebenwein@liebenwein.eu
Tel.: +43 1 5126114-0

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