The consumer protection association founded by Peter Kobla was subject to two instances of a lawsuit brought against DocLX, an organizer of high school graduation trips. The tour operator made the young customers a chargeable cancellation offer in April 2021, but all trips were canceled shortly afterwards.

The consumer protection association sued according to its own statements as part of a model lawsuit for “hundreds of victims”. This was rejected in two instances. The first court assumed that the organizer could not have known in April 2020 in what form the trips could have taken place.

“The judgment of the court is absurd, because it was at most the question of whether the trip could have taken place at all or now under pandemic restrictions. The customers could have - if they waited - withdraw from the contract and would have been entitled to a refund of the travel price, ”says Peter Kolba, chairman of the VSV. “This model trial evidently poses a fundamental problem: unlike the VKI or AK, the SAAM is not yet authorized to bring collective actions. If the SAAM had this authorization, it could have assigned the claim for repayment and the Supreme Court (OGH) should have decided. "

The civil procedure laws stipulate that the associations entitled to class actions can have claims assigned for collection and then all legal remedies are no longer applicable. With a value in dispute of just under 300 euros, the assessment of evidence by the first court cannot normally be challenged. This is what happened in the reported case. With an assignment to the SAAM, which would have the right to bring an association action, one could have combated this absurd finding.

“I see the consumer protection minister being challenged in two ways: 1) The ministry should instruct the VKI with model lawsuits for DocLX victims. After all, the Ministry pays a lot of money for this activity of the VKI. Then the VKI can have these lawsuits judged by the Supreme Court. We will refer our injured parties to the ministry. 2) Minister Mückstein should work to ensure that the SAAM also has the right to bring collective actions. Then such detours are not necessary, ”says Kolba.