Stoisits: Noise disturbance from a business enterprise

The neighborhood of a fruit and vegetable wholesalers complained about diesel fumes, vibration, noise and hours of running engines. Sleep would almost be impossible due to the running aggregates and the nightly deliveries. For about 10 years the situation is particularly disturbing since branches of the company have been closed and the operation was concentrated in Wels.

The truck traffic has doubled or even tripled. The main problems are running motors and the access and departure of the trucks. The company always proposes new projects to improve the situation, but never brings them in at last. If it is too loud, the neighbor’s only option is calling the police or complaining directly to the truck drivers.

In its letter to the TV show, the company again proposes a new project that raising the noise barrier. Experts say this would at least contribute to the improvement. The neighborhood also demands a change of delivery times and moving the access road to another entrance.

Ombudswoman Stoisits: "The business enterprise is indeed the cause of these problems, but the Austrian Ombudsman Board only examines the work of authorities. The District Commission is committed but the steps set so far have only helped the company. The decision was made in the year 1994, now it is 2010 and the noise and health hazards occur on a daily basis. Applications are constantly being offered, but never brought in – therefore, the District Commission can neither approve nor reject. There is an urgent need for action. If projects are available, why is so much time wasted? Why are the applications not brought in? The problem must not be put into cold storage.”

Re-examination: Accident during sports class – no compensation?

A primary school child had a serious accident during his sports class. He suffered from a complicated fracture and had to wear a metal framework screwed on his leg for 13 weeks. It is not sure whether there will be long-term implications since the boy is still in the process of growing.

The parents accused the teachers and the school of a lack of crisis management. Teachers had not taken sufficient care of the child and furthermore did not support him when he started going to school again. Above all, the question remained, who should pay for the medication and therapy. The boy did not receive any compensation and the parents had expenses as high as 17.000 euros. The health insurance carrier refunded parts of the expenses, but the local education authority and the Ministry for Education turned away the father.

The ministry advised the parents to sue the school authorities. For ombudswoman Stoisits this is the wrong way: “It would mean that the teachers acted on purpose – and obviously, this was not the case here.” She argued that the parents should be reimbursed by a specific school aid fund.  

In this broadcast, Ombudswoman Stoisits was pleased: “The family finally received money. The Austrian Federal Ministry for Education, Arts and Culture paid 2,500 Euros for an abatement of the actual cost. The boy is getting better, the family is satisfied. I am pleased that this case turned out all right and I thank the Ministry for Education.”