Group Lawsuit Against Austrian Utility
Klagenfurt lawyer Franz Serajnik has been among those working hardest on the case and has already got on board more than 100 individuals, companies and other players who feel entitled to compensation.
He explained for the STA that the clients come from both sides of the border, but that the lawsuit against the state-owned company, which covers around 40% of Austria's electricity demands, has not been filed yet.
"The negotiations are also on hold, because both Verbund and us are waiting for the decision of the prosecution in the criminal investigation," said Serajnik, who has argued that Verbund raised damns when the flooding started and thereby exacerbated its impact downstream.
According to the lawyer, Verbund's reactions to the announced lawsuit have been lukewarm so far, although Serajnik has been informed that the company is ready to look into potential compensation claims while it is at the same time rejecting blame and responsibility.
Like indicated by Serajnik, future developments will also depend on whether the Austrian State Prosecution will press charges against Verbund.
Serajnik, who hopes the decision will not be political but follow the recent findings of a hydro analysis by a task group of the Slovenian-Austrian commission for the Drava river, however announced that he and his clients will push ahead with the damages claims irrespective of the prosecution's decision.
Rudi Vovk, also a lawyer in Austria and a member of the Slovenian minority, has warned against this, advising his clients to add their damage claims to the potential criminal procedure by the prosecution.
According to him, the risks of an independent civil lawsuit are too big, as losing the case would entail also covering the costs of the opposite side, costs that could be very high in such a complex case.