Expert opinion: Cultural funding for KTM Motohall illegal

The cultural sponsorship of the KTM Motohall in Mattighofen in the Braunau am Inn district is illegal. This is the content of an expert opinion from the Viennese law firm Peter Thyri on behalf of the cultural platform Upper Austria (KUPF). She now wants to forward this “State aid assessment” presented at a press conference in Linz on Monday to the EU Commission and the State Audit Office.

In this case, it is about the controversial funding for the KTM Motohall. Under Upper Austria’s former governor Josef Pühringer (ÖVP), KTM had received a pledge in 2015 of a total of 4.5 million euros. 1.8 million euros of this comes from the cultural budget – two tranches of 600,000 euros each have already been decided.

Court of Auditors report in the first half of the year

In connection with the criticism of the funding, the KUPF refers to the other savings course in culture, it is also mentioned time and again that KTM boss Stefan Pierer donated more than 430,000 euros to the ÖVP in the 2017 election year. The SPÖ and the Neos have requested an examination by the EU Commission. The State Audit Office (LRH) is also currently involved in funding. Its final report is expected in the first half of the year.

The Thyri report, financed by crowdfunding, comes to the result: The aid granted by the state of Upper Austria as cultural funding is anti-EU anti-competitive. Among other things, they would result in an economic advantage for KTM over competitors.

A “general block exemption” is also out of the question. There was no incentive effect because the construction of the Motohall had already begun before the first grant was granted, even if funding had been “promised” beforehand. It is also questionable for the assessor whether the project is a museum for which funding would be permitted. In cases previously dealt with by the EU Commission, it was always a question of museums “in the classic sense” and not of institutions that only served to present the products of a single company.

State government considers funding to be lawful

The country has so far countered that the funding has been carried out correctly under EU state aid law. The Directorate for Culture has checked compliance with EU state aid law. She came to the conclusion that the funding corresponded to this. Another review by the Finance Directorate had shown that the promotion of the KTM Motohall came under the general exemption.

For the managing director of KUPF Thomas Diesreiter, the matter is now clear: “The gift from taxpayers’ money is not only wrong in terms of content, it was also against the law.” If the EU Commission decides in his favor, the country would have to admit his mistakes and KTM will pay back the money, he says. It should flow back into the area of ​​culture. For now, the LRH report and the decision of the EU Commission have to be awaited. For the KUPF, this rider does not exclude civil law steps. (APA)

–