Can unlawfully obtained video recordings be presented as
evidence in civil proceedings?
Austrian Supreme Court decision dated 24
May 2018 (6 Ob 16/18y)
The background of the case is the following:
The properties of the plaintiffs and the defendants are situated
directly next to each other. The plaintiffs' property can only
be reached via a path leading through the defendants' property.
In this respect there is an easement (Dienstbarkeit) in
favour of the plaintiffs (walking and driving). The defendants
accused the plaintiffs of illegally parking their vehicles on the
access road and other areas of the defendants' property.
Therefore, the defendants obtained a cease-and-desist order
(Unterlassungsurteil).
