Austria’s Constitutional Court has overturned a local regulation that effectively closed a border crossing between Hungary and Austria to vehicle traffic, ruling that the decision to create a pedestrian zone was unlawful.
The border crossing was closed in 2023
The crossing connects Ágfalva in Hungary with Schattendorf (Somfalva) in Austria’s Burgenland region. Since 2023, motorists have generally been unable to use the route without special permission, forcing Hungarian commuters and families living on either side of the border to take detours of more than 30 kilometres, writes volksgruppen.orf.
The Austrian court found that Schattendorf’s local authorities had failed to adequately assess whether the pedestrian zone was necessary. They had also neglected to consult those affected by the decision, including cross-border commuters and local businesses. The regulation will formally cease to apply once the Burgenland provincial government publishes the official announcement.
Crossing closed after pedestrian zone introduced
Schattendorf’s municipal authorities decided in early 2023 to establish a pedestrian zone near the local cemetery. The stated aim was to improve safety around the cemetery and a nearby care home, reports Telex. However, the measure was controversial, as the road had been heavily used by Hungarian commuters travelling to work, particularly in the early morning and afternoon. Critics argued that the pedestrian zone was effectively a means of restricting cross-border traffic.
Construction work began on 1 March 2023, bringing ordinary vehicle traffic to an end. By the summer, retractable bollards had been installed in the road to prevent cars from passing. Some motorists were granted exceptions on special grounds, but applicants generally faced strict restrictions. Those seeking permission were reportedly required to pay EUR 160, and most applications were rejected.
Stay up-to-date with Hungary Weekly Briefing: subscribe on Substack!
Previous legal challenge also questioned the closure
The closure significantly affected daily journeys between Austria and Hungary, creating additional travel costs and inconvenience for commuters and residents with family connections across the border. The Constitutional Court’s decision follows an earlier ruling by a court in Burgenland that also found problems with the restrictions affecting Hungarian commuters.
The latest judgment challenges the legal basis of the pedestrian zone, particularly the lack of a thorough assessment and consultation before its introduction. Although the court has overturned the regulation, the practical implications for motorists will depend on the formal publication of the decision by the provincial government.
Read also: Hungarian man attempted to rape a woman out running in Vienna
