An acquittal by the Vienna Regional Court for Criminal Matters raises new questions in connection with the so-called AUA hail-and-ride flight. On September 2, 2025, the court acquitted attorney Wolfgang List, representing nine affected passengers as a victim's attorney, of charges of defamation.
A lawsuit brought by an employee and a former employee of Austrian Airlines (AUA) has thus failed in the first instance. The case, which critics have dubbed a "slap lawsuit" (Strategic Lawsuit Against Public Participation), has further fueled the public debate about the role of whistleblowers and investigators in the aviation industry. The acquittal strengthens attorney List's efforts to comprehensively clarify the circumstances of the incident on June 9, 2024, and to question what he calls the system at Austrian Airlines.
Hailstorms and their legal dimension
On June 9, 2024, an Austrian Airlines Airbus A320, flight number OS434, en route from Palma de Mallorca to Vienna, encountered a hailstorm near Korneuburg. The aircraft sustained severe damage, with the cockpit glass shattering, the nose of the aircraft severely deformed, and the entire front fairing damaged. Fortunately, the crew was able to land the aircraft safely, and no passengers were injured. Since then, the incident has been under the control of the relevant authorities, and the Korneuburg Public Prosecutor's Office is conducting an investigation.
In this context, attorney Wolfgang List, a renowned lawyer and lecturer, represented a total of nine passengers pro bono. His goal was not only to protect his clients' rights but also to shed light on the background of the incident. To this end, he filed several petitions with the public prosecutor's office to initiate further investigations. As a result, he faced a private lawsuit for defamation brought by an employee and a former employee of Austrian Airlines.
A “system-threatening” lawyer and the failed lawsuit attempt
The private prosecution, which legal observers viewed as an attempt to silence attorney List, failed in court. The judge justified the acquittal by stating that the allegations were neither objectively nor subjectively true. The facts alleged by the private plaintiffs could not be substantiated, which is why both the attorney and the private parties he represented had to be acquitted.
Attorney List sees the attempted lawsuit as validation of his work. After the verdict, he stated that he would have continued his investigation even if he had been convicted. "Today's verdict confirms that my work as a victim's attorney is solely dedicated to educating and protecting the rights of my clients," List said. The lawsuit, which he describes as an attempt by AUA employees to silence him, failed in the interests of the passengers.
This type of lawsuit, which critics call a "slap lawsuit," is the subject of international debate. These are lawsuits that are not primarily aimed at achieving legal success, but rather at intimidating critics and activists through high legal fees and court costs, thus discouraging them from doing their work. Many countries, particularly in the European Union, are discussing laws to prevent such lawsuits. The acquittal in Vienna is seen as an important signal in this context, as the private plaintiffs will now be left with their own legal costs.
Open questions and the role of the authorities
The legal aftermath of the hailstorm raises further questions, particularly the role of the Federal Safety Investigation Board (SUB). According to the available text, the head of the SUB is said to have considered the hailstorm "completely insignificant." This assessment contrasts with the severity of the damage to the aircraft and the ongoing investigations by the public prosecutor's office. The agency's stance could further fuel the debate about the transparency and thoroughness of aviation investigations in Austria.
Austrian Airlines itself declined to comment further on the incident and the court proceedings, as the matter touches on the ongoing investigation by the public prosecutor's office. However, independent aviation experts and the public are eagerly awaiting the results of these investigations. The questions at stake are whether the Austrian Airlines crew complied with all regulations and whether the hailstorm was correctly assessed in advance. Attorney List is certain that the investigation will continue. He sees himself as emboldened by the verdict and announces that he will continue his work in the interests of his clients and flight safety.
The AUA hail flight case and the subsequent court proceedings demonstrate how the legal disputes extend beyond the original incident. They illuminate the tensions between companies seeking to protect their reputations and lawyers or whistleblowers seeking clarification and accountability. The ruling by the Vienna Regional Court for Criminal Matters can be seen as an important precedent for freedom of expression and the protection of investigative work in the aviation industry.