Breach of trust trial against former Linz mayor Klaus Luger to continue on August 21

Background: The Brucknerhaus affair

The background to the affair is a selection process from 2017 for the artistic directorship of the Linz event company LIVA, which also includes the artistic direction of the Brucknerhaus. Luger is said to have tipped off his preferred candidate, Dietmar Kerschbaum, in advance with the questions of the hearing commission. When the then mayor was exposed months later through chat messages that had been leaked to the Oberösterreichische Nachrichten, he had to face consequences on the 23rd.

In the further course of events, a legal expert opinion also came into the focus of the investigations, which the public prosecutor's office assessed as predominantly self-interested. The criminal police have already completed their investigations in the Luger case.

The Higher Regional Court (OLG) found clear words for Luger's behavior in an earlier decision. It spoke of "special character deficits" because he had the expert opinion prepared only for his "personal benefit and advantage" in order to disguise his "unethical abuse of power beforehand."„Ferner fand es deutliche Worte für Lugers Handeln, sprach von "besonderen Charakterdefiziten", weil er das Gutachten nur zu seinem "persönlichen Nutzen und Vorteil" erstellen ließ, um seinen "unethischen Machtmissbrauch im Vorfeld" zu tarnen."

Assessment by the Higher Regional Court

The OLG also justified its decision with the fact that mere compensation for damages and the repayment of 20,000 euros would not send a sufficient signal to the public that "everyone must obey the laws."„Eine Schadensgutmachung und die Zahlung des Geldbetrags von 20.000 Euro vermittle der Öffentlichkeit kein ausreichendes Signal, dass "jede und jeder die Gesetze einzuhalten hat", begründete das OLG die Entscheidung."

At the start of the trial, Luger admitted a "big mistake," but did not plead guilty within the meaning of the indictment."Zu Prozessbeginn räumte er einen "großen Fehler" ein, bekannte sich aber nicht schuldig im Sinne der Anklage."

Outlook on the hearing day in August

With the continuation on August 21, the Linz Regional Court will continue the taking of evidence. The outcome of the proceedings is open, especially since the public prosecutor's office considers the breach of trust to be fulfilled, while Luger only admits a mistake but does not acknowledge guilt in the criminal sense.

The Luger case has occupied the provincial capital for years and is considered one of the most defining political scandals in Linz's more recent city history. The progress of the trial on August 21 will therefore be followed with particular attention, also because, beyond the personal responsibility of the former city leader, it raises fundamental questions about the conduct of office and the control of municipal decision-makers.

Observers expect that in the further course of the proceedings, both LIVA's procurement practices and the role of the hearing commission will be addressed again. Should the court consider the breach of trust to be proven, this would have, in addition to a possible sentence, political consequences for the SPÖ in Linz, which has already been trying to come to terms with the case for some time.

The case is also situated in the field of tension between the effort to make amends for the damage and the judiciary's claim to a clear sanctioning of misconduct. The OLG had emphasized in its reasoning that the mere repayment of the money is not sufficient to restore public confidence in the lawfulness of political officeholders.