Amount appropriate?

Whistled at the U-committee: €1500 fine for Benko

Real estate juggler René Benko received a bending penalty(Bild: APA/EXPA/JOHANN GRODER)

Entrepreneur Rene Benko has been sentenced by the Federal Administrative Court (BVwG) to a fine of 1,500 euros for not attending the COFAG U Committee on April 4. In the meantime, the Signa founder has "bindingly confirmed" his attendance on May 22.

As an excuse for his non-appearance, the Signa founder had put forward through his lawyer the numerous statements of facts to various law enforcement authorities, which made it impossible for him to prepare for the hearing. The BVwG did not follow this argument.

Benko can appeal against the decision
A blanket right to refuse to testify is "not apparent" to the BVwG, as stated in the decision. Rather, the respondent could assert his right to compensation in individual cases. The entrepreneur had not provided a sufficient excuse for his non-appearance. Benko now has the option of appealing against the decision to the Constitutional Court or lodging an extraordinary appeal to the Administrative Court.

Due to a lack of knowledge of the accusations made against him, Benko cannot even begin to assess the extent to which he is entitled to refuse to testify.

Benko-Anwalt Norbert Wess

The Signa founder was actually summoned to appear at the end of March. As he was unable to attend at the time, he promised to answer the MPs' questions on April 4. He then let it be known via his lawyer Norbert Wess the day before that he would not be able to come after all.

COFAG-U committee(Bild: APA/ROLAND SCHLAGER)

Benko's lawyers have their hands full
The reason given by the latter was that a large number of statements of facts had been submitted to various prosecution authorities against Benko and various Signa companies in recent weeks. It was therefore completely impossible at this stage to obtain even a rudimentary overview of the allegations made. Due to a lack of knowledge of the allegations made against him, Benko "could not even begin to assess the extent to which he was entitled to a right to refuse to testify", the argument went.

In the meantime, the Signa founder has made a "binding commitment" to attend the COFAG-U committee on May 22. Benko will arrive in Vienna the day before, according to a letter from Benko's lawyer to National Council President Wolfgang Sobotka (ÖVP) and trial judge Christa Edwards.