After Willi allegation

Lawsuit in the Pema case: fine paid from city coffers

Georg Willi denounced vacancies - and has to pay legal costs following a lawsuit.(Bild: Christof Birbaumer)

Innsbruck's mayor Georg Willi (Greens) went out on a limb in an ORF interview in 2020 on the subject of vacant apartments. He claimed that more than 90 of the 173 apartments in the then newly built Pema 2 tower in Innsbruck were empty, a prime example of housing speculation. With his statement, he got himself into hot water. The fine was paid by the city.

Pema investor Markus Schafferer sued for an injunction, retraction and publication. The dispute went through three instances, with the Supreme Court ultimately stating in a ruling: "The statements of the defendant objected to by the plaintiff are therefore ultimately only to be regarded as an affirmation of the political demand for a vacancy tax for the provincial capital and thus attributable to his private sphere," according to the ruling, issued on 14.9.2022. The defendant had to reimburse the plaintiff for the costs of the appeal proceedings.

Payment slip was leaked to "Krone"
If BM Willi made the statements as a private individual, as the Supreme Court found, then it should be assumed that he paid the bill from his private coffers. Wrong thinking! The "Krone" has now received the payment slip, which clearly shows that the city treasury had to be used for this.

In the Pema case, I was always addressed as mayor, never as a private individual.

Georg Willi

Bild: Birbaumer Christof

"In the Pema case, I was always addressed as mayor, never as a private individual. For the Office of Presidential and Legal Affairs, this was and is beyond dispute, and accordingly the costs of the proceedings - as for all public officials - were also borne by the city," Willi said when asked.

This is what the responsible office says
"When the quote refers to his 'private sphere', it is of course not meant that it is attributable to Georg Willi as a private person, but to his function as Mayor of the City of Innsbruck in a non-sovereign capacity. And this is precisely what the proceedings before the Supreme Court were about, namely whether or not the mayor acted in a sovereign capacity. Clarifying this question was necessary for the type of proceedings, i.e. whether or not it was a case of official liability. However, this question or the clarification of the question does not change the fact that the mayor made these statements on the basis of his office and not as a private individual and therefore the costs were also to be borne by the city council," explained the Office for Presidential and Legal Affairs in response to a further "Krone" inquiry.