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Austria-Hungary legal battle begins over electronic barriers at border
Pablo Gutierrez in Schattendorf
Europe;Austria
03:09

An Austrian court is scheduled to review a civil case this week filed against the town of Schattendorf, which put in place electronic barriers at its main border crossing with Hungary earlier this year. The move has stirred tensions between the two EU member countries, prompting allegations of a breach of the bloc's rules on freedom of movement.

‌Since last summer, the parking lots at the Schattendorf crossing on the Austria-Hungary border have witnessed an increase in cars. However, this surge is not due to an increase in the number of people entering Austria, but because those relying on this route for their daily commute have had to acquire a second car following the installation of electronic barriers.

‌Ferenc Tauber, an Ágfalva resident, explains: "These cars belong to Ágfalva residents. They drive here, leave their cars, walk to the other side, find another waiting car, and head to work."

‌Officials in Schattendorf argue that they installed the barriers to ease traffic and enhance road safety. Nevertheless, residents in Ágfalva on the Hungarian side claim that the town is violating EU rules, as both Austria and Hungary are part of the Schengen Zone, which allows free movement between EU member states.

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Earlier this year, the Austrian town of Schattendorf installed electronic barriers at its border with Hungary. /CGTN
Earlier this year, the Austrian town of Schattendorf installed electronic barriers at its border with Hungary. /CGTN

Earlier this year, the Austrian town of Schattendorf installed electronic barriers at its border with Hungary. /CGTN

"Blocking borders has no business in the EU; it's discriminatory, inhumane, and goes against the law," said Gyula Horváth, a local political organizer.

‌The resulting lawsuit against the municipality alleges that the border controls have caused financial harm to Hungarian residents, who must now either travel a greater distance to enter Austria or purchase a second car.

‌"If we establish a precedent with our case, I believe that anyone who wants to use this very road would be in a position to file a similar lawsuit and ask for compensation for each instance they wanted to cross here," said Peter Taller, an attorney suing the town of Schattendorf.

‌While Schattendorf town officials declined to respond to our request for comment, Hungarian drivers, since the installation of the barriers, need to apply for a crossing permit costing $173, with no guarantee of access. Taller argues that this road was partly funded by the EU, and the municipality is overreaching its authority by enforcing immigration regulations.

Residents in Ágfalva on the Hungarian side claim that the town is violating EU rules. /CGTN
Residents in Ágfalva on the Hungarian side claim that the town is violating EU rules. /CGTN

Residents in Ágfalva on the Hungarian side claim that the town is violating EU rules. /CGTN

A ruling in the case is expected at the end of November, with the claimants hoping to secure compensation if they are successful in their legal action.

Another case before the Austrian Constitutional Court is scheduled for next summer, aiming to eliminate existing barriers permanently.

‌Taller expresses hope that these lawsuits will discourage other municipalities from implementing similar measures, emphasizing: "We are just being European and want to keep our civil liberties; it's not about Austria, it's not about Hungary - it's about the freedom of movement we all should be enjoying."

‌Taller and his legal team are also preparing another lawsuit, this time against Germany, for extended border controls at specific crossings with Austria. He argues that these controls, initially intended to be temporary, have been in place for nine years, emphasizing the need to safeguard the freedom of movement, a pillar of European integration.

Austria-Hungary legal battle begins over electronic barriers at border

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