Partial victory for neighboring communities in civil case against cement manufacturer

The bone of contention is 28 years old. In 1996, the municipalities of Pinsdorf, Gmunden, Ohlsdorf and Altmünster concluded an agreement with the cement manufacturer Hatschek. At that time, the municipalities withdrew their opposition to the burning of additives (old tires, plastic). In return, however, Hatschek committed to cleaning the exhaust gases using the best possible technology. When the mayors accused the cement manufacturer of not doing exactly this at a press conference in July 2020, the company, which belongs to the Bavarian Rohrdorfer Group, unilaterally terminated the agreement. This was preceded by numerous complaints from citizens who complained about the increasing odor nuisance caused by the cement manufacturer.

A lengthy, complex civil case followed because the municipalities took legal action against the termination of the agreement. Now at least a first-instance ruling has been made before the Gmunden District Court: Hatschek’s unilateral termination of the contract was found to be unlawful, and the agreement is therefore still valid. The four municipalities’ claim was fully upheld, and Hatschek must pay legal costs of EUR 104,202.38. The ruling can – and probably will – be appealed. It is not yet legally binding.

For Gmunden’s mayor Stefan Krapf (VP) it is nevertheless a “first important step”. He now expects “a willingness to reach consensus and compromise” from the cement manufacturer. “There are still complaints about odor nuisance. And it is about the well-being of citizens of four communities. The company will also have to think about that,” says Krapf.

Altmünster’s mayor Martin Pelzer (VP) assumes that this verdict is not the end of the story. “But no matter how it ends: it will be important that we find our way back to each other and see how we can develop together into the future,” he says. In Pinsdorf, where the cement factory is located, Mayor Jürgen Berchtaler (SP) does not see the end of the chapter yet: “A first step, but we still have to wait and see.”