Former Linz Mayor Luger Must Face Court

Luger resigned as mayor in August 2024 after sustained criticism in connection with the affair. This marked the political consequence of an affair that had occupied city politics in Linz for months.

Resignation as Mayor

According to the public prosecutor's office, the specific allegation relates to a legal opinion commission. As chairman of the LIVA supervisory board, Luger had commissioned a legal opinion after the advance leak became publicly known. According to the available information, Luger already knew at that time that he himself had been the source of the leak.

Whether the accused actually forwarded the questionnaires in advance is considered a central point of the indictment. Dietmar Kerschbaum, who later took over the leadership of LIVA and became Brucknerhaus intendant, had received the interview questions before his hearing.

From Diversion Offer to Main Hearing

An out-of-court settlement had already been planned before the main proceedings. The regional court had originally offered a diversion, which Luger initially accepted and paid a fine. However, the public prosecutor's office filed an appeal against the diversion.

The Higher Regional Court subsequently overturned the diversion and rescinded the out-of-court settlement. The 65-year-old now had to face court on suspicion of breach of trust. After the originally planned diversion was revoked, the path was clear for a main hearing.

Four witnesses have been summoned for the start of the trial on Friday. The hearing was scheduled to last three hours, according to the court. This keeps the time frame manageable, even though the subject matter of the proceedings is politically and legally complex.

Penalty Range and Charge

The potential consequences of a conviction are serious for the accused. If convicted, the 65-year-old faces up to three years in prison. The maximum sentence results from the charge of breach of trust.

In substance, the allegation revolves around the question of whether an ex-mayor exceeded his powers as chairman of LIVA's supervisory board by passing on application questions to a candidate. Precisely this balancing act is now at the center of the main hearing.

Political Dimension in Linz

The case is politically significant in Linz beyond the judiciary as well. The affair is considered one of the triggers for Luger's withdrawal from the mayoral office. Within the city community, the case raises questions about transparency in personnel decisions at municipal companies.

For the SPÖ, the case remains a burdensome issue even after Luger's resignation. The party is confronted with the need to evaluate its own handling of the affair. It remains open what political consequences will be drawn beyond Linz.

Beyond the question of whether Luger forwarded the application questions, the court is also concerned with the timeline surrounding the awarding of the legal opinion. Should the public prosecutor's office also prove misconduct on the part of the accused in this regard, this could influence the assessment of evidence.

Open Questions Before the Trial

There is keen anticipation of how Luger will defend himself in the criminal proceedings. According to the regional court, it was not known before the start of the hearing which defense strategy the 65-year-old would choose. This leaves the direction of the proceedings open until the start.

Regardless of the outcome of the hearing, the verdict is likely to have a signal effect for comparable cases. It concerns the question of what duties of care supervisory board chairmen of municipal companies have when commissioning legal opinions and preparing selection procedures.

No verdict was available by editorial deadline. A verdict date was scheduled within the three-hour hearing. Should no final decision be reached, a continuation of the hearing is to be expected.