Closed Class Action

Netz Oberösterreich GmbH (NOG, a subsidiary of Energie AG) was granted approval for the construction and operation of a 110 kV overhead power line between Ried im Innkreis and Raab.

Approximately 85 landowners are affected by the overhead line and must grant NOG land for high-voltage pylons or an easement for the lines for the operation of the line. Approximately 20 landowners have already amicably concluded contracts with NOG; the remaining 60-65 landowners will be expropriated, or the easement will be compulsorily imposed through expropriation proceedings.

The compulsory granting of the easement is legal and cannot prevent the easement/expropriation; however, it allows for the challenge of the amount of the easement compensation. The amount of the easement compensation was determined within the scope of fundamental and detailed expert opinions by a generally sworn and court-certified expert. According to the law firm List Rechtsanwälte GmbH, commissioned by AdvoFin, these expert opinions do not comply with constant supreme court jurisprudence and disregard essential aspects for the calculation of expropriation compensation.

Advofin represented those landowners for whom an easement was compulsorily granted and, for clients, within three months of receiving the expropriation notice, asserted the incorrect calculation method of the easement price in civil court. The clients were represented by the law firm List.

The collective action was successfully concluded at the end of 2023. The landowners received approximately €1 million in (additional) compensation payments.

We thank you for your trust!