A Climate Activist’s Successful Legal Battle with the City of Vienna
On October 24, 2022, a group of climate activists in Vienna glued themselves to the Praterstern, a major intersection, to draw attention to their cause. The police responded as routine and the rescue services were alerted in advance. One of the female activists suffered minor injuries to three of her fingers when being freed from the street. Only basic first aid and a plaster were necessary to treat the injuries.
However, the city of Vienna later sent the activist a bill for the rescue services, amounting to 709 euros, as she did not have a valid social insurance. The activist contested the bill in court and eventually, she won her case.
Initially, the Federal Finance Court ruled in favor of the city, stating that the rescue services were justified in responding to the alarm, as they had been called in for a medically necessary intervention. However, the case was later taken to the Administrative Court and the verdict was reversed.
According to the Vienna Rescue and Ambulance Transport Act, rescue services can only be charged for, if certain conditions are met, such as if a person is severely injured or in a life-threatening situation. These conditions were not fulfilled in this case, as the injuries were minor and did not pose a threat to the activist’s life.
The city of Vienna is now required to pay the activist the costs of the legal battle, amounting to 1,106.40 euros. This means that the rescue services did not need to be called in, the bill was unjustified and the city will have to pay a higher amount, including the costs of the legal dispute, than initially anticipated.