OGH ruled:

“Lawbreaker” is permissible criticism of Nehammer

Protest against the deportation of a Georgian family in 2021 (archive photo)

(Bild: APA/CHRISTOPHER GLANZL)

Lawyer Wilfried Embacher, who described Federal Chancellor Karl Nehammer (ÖVP) as a "lawbreaker", has now been vindicated by the Supreme Court. This was "permissible criticism", it was argued. Embacher had represented a Georgian family, who were deported at the end of January 2021, in alien law proceedings.

The then Interior Minister Nehammer had blamed the mother of 12-year-old Tina for the situation, as she had disregarded decisions made by the authorities and remained in Austria with her family. The deportation had been carried out by charter flight and had moved both politicians and the population, some of whom had taken to the streets in support of the family.

Here you can see the lawyer's tweets on the case.

Had to pay 1000 euros
Lawyer Wilfried Embacher represented the Georgian family in the immigration proceedings and described Nehammer to the media as a "lawbreaker". For this, he was fined 1000 euros by the bar association. The reason given: Embacher had violated the honor and dignity of the profession with his conduct.

The lawyer appealed against this to the Supreme Court as the disciplinary court. This was the court of last resort in this case and has now ruled in his favor. "Lawbreaker" is a "permissible criticism" and is protected by the "right to freedom of expression." The criticism was not offensive.