On October 20 2004 it became known through the
media that the Communist Party of Austria (KPÖ) had sold the building
far below its value to real estate speculators. The Wielandgasse 2-4 Rental
Corp. (Wielandgasse 2-4
VermietungsGesmbH) represented by Christian Machowetz acquired the house
for 600,000 Euros. The real estate agency Gustav Petri & Co came forward
as the new house administration. Further research uncovered that the new
owners were known to be in extreme right circles. Shortly thereafter all
users were given notice for December 31 2004.
A few holders of Präkariatsverträge, or rental
agreements where the holders pay operating costs and the contract can
be terminated at any time, gave in to the pressures (including demands
for large sums of money and threats) of the new owners. They signed an
eviction compromise, wherein they agreed to leave by the end of June 2005.
Eviction proceedings began against other areas, some of which had a main
rental agreement (Hauptmietvertrag) for an undeterminate amount of time
and did not get in on the „deal“. Alongside the legal conflicts
was continual harrassment („mistakes“/crimes, visits or rather
break-ins from alleged former residents, removal of the doors). But
despite all this, numerous diverse protests, above all aimed against the
KPÖ but also against the new owners, set a few things in motion.
Moreover, demands were placed on the Gemeinde Wien (Commune of Vienna)
to find a political solution for the retention of the autonomous house.
On June 30 2005 2/3 of the EKH was supposed to be given over to the new
owners, which was prevented on the one hand by an unexpected postponement
of the eviction until July 15 2005 and on the other hand by a new squatting
of
the recently cleared spaces in the EKH punctually on July 1 2005. These
spaces have been squatted since then!
The Gemeinde Wien stepped in at that point in the form
of the Fonds Soziales Wien (FSW) and entered into negotiations with the
users of the EKH.
After lengthy uncertainty a further postponement of the eviction until
August 6 2005 was made and a new sale was considered. An offer for the
EKH was placed by a construction company with close ties to the Gemeinde
Wien and was signed by the real estate agency Gustav Petri & Co with
the authority of the CEO of the Wielandgasse 2-4 Rental Corp
Christian Machowetz. The sale contract, full of signatures, should have
been drawn up by August 15 2005, the sale itself should have taken place
before September 1 2005. The acceptance of the offer carried the obligation
for the
Wielandgasse 2-4 Rental Corp to give up the use of ownership rights for
the objective real estate. The construction company PORR assured furthermore
that an eviction would be put off until June 2006.
According to current information the current owner of
the EKH is ENOLA, a daughter company of PORR. This company is still not
written in the land register as the new owner and at this time the sales
contract has still not been made public. According to media reports the
alleged price of 1.7
million Euros was on the table. There were negotiations between the FSW
and PORR, in which groups and individuals from the EKH partook with the
demand of the continuation of the EKH as an autonomous center. Those with
an
unlimited main rental agreement were asked to pay a symbolic rent for
all areas and the cessation of eviction proceedings was demanded. Neither
the city nor the PORR wanted to issue rental agreements for secured use
and
living arrangements according to the demands. A unified solution is being
sought.
Despite all agreements the eviction proceedings were continued.
A short overview of the ongoing proceedings:
As plaintiffs in the trials, the Wielandgasse 2-4 Rental
Corp is
represented now as before by attorney Johannes Hübner.
„ The eviction proceedings against the holders of the rental agreement for the Verein für Gegenkultur (the Collective for Counterculture) is still in the first stage at the district court for Favoriten (where the EKH is located) and was put on hold on March 8 2006 because of negotions of the infoshop space.
„ The eviction proceedings was decided against Private
Person A (the infoshop space) in the lower court, but the judgement was
overturned in the appellate court because of a lack of evidence and the
case was sent back to
the lower court. At that time an expert was called for to evaluate a possible
realistic rent, but at the last negotiation with the city a standstill
of the proceedings on the part of PORR became a possibility.
„ The evictions proceedings against Private Person
B (applies to the eviction compromise of 2 areas with non-binding contracts,
about 2/3 of the house).
The Wielandgasse 2-4 Rental Corp managed to get an eviction notice (for
these areas), and the eviction dates were fixed for April 11 and April
20 2006. There is now a written motion from the Wielandgasse 2-4 Rental
Corp
for the postponement of the eviction until June 30 2006.
There is now a suit because of the users' fee of 3 Euros/m^2
charged by Wielandgasse 2-4 Rental Group since January 2005. This suit
was represented by the new owners ENOLA and brought forth by attorney
Hübner to the district
court of Favoriten.
There are known back-payment suits against:
-the Verein für Gegenkultur
-Private Person B (former holder of non-binding rental agreement)
-the Union Serbian Groups
A further suit brought by Christian Machowetz stands in
the commerce court (Handelsgericht) against the Verein für Gegenkultur:
In January 2006 a notice of a (temporary) restraining order over the use
of photographic material reached the Verein für Gegenkultur along
with a
defamation suit. C.M. argues that, in opposition to what was published
in the November 2004 issue of rapidite (the newsletter of the EKH), he
was never a member of the ANR (a neo-Nazi group, which was banned and
now exists
underground).
The next session is on May 16 because, after his attorney excused himself
from the case, the new attorney must be brought up to speed.
Actual Results??
Currently in negotiation with the city a possible way
to retain the EKH through a further sale to a holding union (Trägerverein)
is being worked on. Possible people who are mutually trusted bv the involved
parties are being
discussed. There is a promise from Elfriede Jelinek, Peter Turini, and
Dieter Schrage to take part in the union, and at this time statues of
the group are being discussed.
According to all participant, things should move quickly, but the future remains uncertain!
-your EKH Legal Information Group
„we have heard, the communist party of austria wants to sell the ekh?“ part 39
on the 5th of august reached us the verified information of the representatives of the municipality of Vienna, that one unknown construction company has entered negotiations with the current owner “wielandgasse 2-4 vermietungs gesmbh”. an offer for the house was made and the manager of the authorized real estate company “gustav petri & co.” signed it. The definite sale contract is to be at hand until the 15th of august 2005 and the transaction is to be settled until 1st of September 2005. due to the acceptance of the offer, the current owner disclaims exercise of ownership of the house. So far, there has been a delay of eviction until 6th of august; according to the information below, all actions are held up for now.
We still claim indefinite tenancy agreements for the whole
house with a symbolic rent, like the already existing agreement for the
3rd floor and the ground floor.
An association is to be founded and to be the future official owner of
the house. Negotiations will continue in the end of august.
We would like to thank all the active people and
groups who invested a lot of work, nerves and energy for preserving the
whole project ekh and we hope you will continue to show solidarity and
support us with criticism and commitment.
-->15 years EKH!!! party against eviction!!
--> program
--> a few legal advices
-->WHAT THE FUCK
IS EKH!?!
--> we write our own history
EKHouseparty June 29th until ?
(Ernst KirchwegerHaus, Vienna, Austria)
I don’t
want to start explaining, how important it is to have some constants in
life, between all the chaos surrounding us, little riffs inside of the
madness. We are all concerned by that, and now it’s coming: Every
Year, when it gets hot, the summer of resistance could come, and we would
like to hold the annual Houseparty, to set the summer on fire! Bands will
be on stage, tofu and vegetables will be put on the grill, and everything
will be more colourful and powerful this year. A big “fuck you”
to all of those, who think this will be the last time – cause we’ll
stay!
To begin from the start: 2/3 of the house have to be empty until the 30th
of June, based on a settlement signed by the owner and the person, who
legally is responsible for those areas. Possible new leasers were already
here and introduced themselves: Two well-known Nazi-Skins wanted to take
a look at their future flats – maybe to build a new “Blood
& Honour” center in the first floor? For sure the Nazi scum
has own plans with the anti-fascist center…so there will be a big
party to defend the EKH and prevent the eviction, all over the house and
all over the city. No Nazis in the EKH and everywhere else!
To begin from the start: 15 years EKH, and we want to celebrate the next
15 years. To mourn about the end is sentimental shit, with this decayed
taste how beautiful it used to be. We continue, because we are still here
and we like it…
To defend the house and to make party! On Wednesday there will be a concert
with “Mindflair”, “THIBC” and “Gülsüm”,
on Thursday a parade “Viva la EKH” through the city, through
Vienna, the city, which permanently falls asleep, thinks it is a comfortable
coffeehouse, and kills everything that is alive.
On Friday there’s a Crust-Party with “Kurwa Aparata”,
“Nulla Osta” and “Zerstört”. The next day,
there will be Tekkno-Party and a lovely breakfast in the backyard on Sunday,
followed by movies and barbecue.
To begin from the start again? No, further – the summer will be
warm with the EKH, without it, it will become hot for sure.
Making nice barbecue, putting in a movie, drinking something sparkling
at the bar, in the shadow there are talks about the next actions, discussing
and dancing – knowing what it is about!!!!!
Don’t forget to come along, bring your sleeping bags and keep cool!
Yours…EKH
No houses for Nazis!!!
House-, Yard- and Reclaim your Life Party!!! Come all!!
Wednesday 29th of June
7 pm Kunsthalle Exnergasse: opening of the exhibition
freibesetzt ; “House Warming” round tables and installations
about housing “A Paper House” from Netherlands artists Jeanne
van Heeswijk & Rolf Engelen, Kraakspreekuur Rotterdam and food van
Tuewi
in the evening in EKH conzert: THIBC + Mindflair
(schneller core) + “Gülsüm”
Thursday 30th of June
11 am breakfast and general meeting
4 pm Rathaus (1st district metro U1 Rathaus) Viva
La EKH demo
Evening in EKH : Coverbands + italian oldies
Friday 1st of July
2 pm: general meeting
evening: conzert Kurwa Aparata, Nulla Osta, Zerstört
Saturday 2nd July Tecccno Party + Crustenkeller
Sunday 3rd Weiberfrühstück iin the Yard,
barbecue, video screening
Monday 4th...
the party goes on!!! We will continue the party
until the existence of the whole project EKH is clear.
Furthermore there will be lectures, theater performances, vegan food, nonalcoholic cocktails, spontaneous actions, games, fun and tension and everything you can bring to.
Infopoints:
ILX – Portiersloge,
wielandgasse 2-4, 1100 Wien Opening Hours: 0am-12pm
freibesetzt –Kunsthalle Exnergasse
Währingerstra§e 59, Stiege 2, first floor 1090 Vienna Austria
Opening Hours: Tuesday-Friday: 2pm-7pm Saturday: 10am-1pm FREE ENTRANCE
Infos in the net: http://ekhbleibt.info/ekh/info
Media center + recent news: http://at.indymedia.org
Legal support phonenumber: 0676/7746657
Legal support phonenumber (during the demonstration): 01/5359109
Legal advices for Austria
• Entering the country: coming from a country
belonging to the Schengen-treaty you'll need a passport...note that depending
on your country of origin you might need a visa as well to enter the Schengen-area
(please check that out yourself!).
• Driving a car: there's a o.5 per mil alcohol limit you have to
regard! When you get stopped by the police, they can ask the driver (and
no one else) to undertake an alcohol or drug-test - but note that there
are instant drug-tests you can and should refuse but there's the obligation
to undertake a bloodtest! Using the highways - even in the inner city
areas - means that you have to have a "vignette" (motorway permit),
which you can purchase at petrol-stations, tobacco-stores, etc.
• Public transport: there are no gates and no checking when you
enter underground-stations/get on a bus or tram, but if you wanna go fare-dodging
mind that there are plain clothes officers operating! if you get caught
fare-dodging, keep in mind that they are not allowed to hold you... but
it happens that public-transport-officers are working together with police
officers, blocking off whole underground-stations, checking everyone who's
getting in or out!
• Drugs: besides alcohol ( and loads of pharmaceutical crap) drugs
are (available but...) illegal! so keep that in mind and consider that
even the possession of a small amount can get you into real trouble here!
• No one but the police is allowed to check you and/or your papers/passports,
or your stuff - and no one else is allowed to take you somewhere else
for that reason! Security-staff, detectives, public-transport-employees,
etc. do not have more powers than every other civilian. they are only
allowed to hold you (like every other civilian can do as well) when you're
comitting a crime that can be criminally prosecuted. you cannot be hold
for "administrative exceeds" like fare-dodging,irregular parking,disturbing
the public order ... and such.
If they check your ID you are only obliged to tell your name, address
and date of birth - but nothing else. whereas you have the right to ask
for the officer's "service-number"! If you get searched you
are not obliged to actively cooperate, that means it's the police officers
who have to empty your pockets, take off your boots, and so on... when
some of your stuff gets confiscated you have to get an acknowledgement
for it.
if you get arrested you also have to be informed
"what for". When you ask for it the authorities have to inform
someone of your family or a legal advisor/lawyer - and in case you're
not an austrian citizen they have to inform "your" embassy/consulate.
- You don't have and should not sign anything! The police can only detain
you for 48 hours, after that you have to be set free again or handed over
to court, where a further detention can be decided - or not. If you get
questioned: you have the right to silence - a right you should make use
of. whatever you say, the police won't believe you anyway! the only thing
you have to do is telling your name, address and date of birth - and again
nothing else!
WHAT THE FUCK IS EKH!?!
The Ernst Kirchweger Haus (EKH) in Vienna, Austria, was squatted in 1990
to become an internationalist, anti-fascist, self-run space. Including
an autonomous living space and numerous political as well as cultural
initiatives and groups, the project has played an important role in the
radical left of Austria and beyond.
Since the 20th of October 2004 it has been known
that the former owner, the Communist Party of Austria (KPÖ), has
sold the building for much less than its worth to speculators from the
extreme right-wing. Shortly afterwards, all users of the house were given
notice that they have to be out by the 31st of December 2004, although
they have valid tenancy agreements or have acquired rights through having
(over)paid running costs for years. The new house management Gustav Petri
& Co. made an "offert". If the users don't take legal steps,
they could stay until summer 2005. The aim of the house management is
to have the house empty by 30th of June 2005.
More information in english: http://www.indymedia.org/en/2005/03/114003.shtml
The land to those, who work on it
The means of produktion to those, who use them
The houses to those, who live in it
After the Opernballdemonstration, the following house search in the Ernst-Kirchweger House / E.K.H. and the medial mad rush, once more we have to point out some facts:
The E.K.H. defines itself as a free-space for cultural,
political and artistic activities. It was squatted in 1990 by activistes
of the viennese squatting scene and turkish left-wing organisation ATIGIF.
As an international, multicultural, antifascist centre it was named after
Ernst Kirchweger, an antifascist who was killed during a demonstration
in the 1960s.
Independent and autonomous structures and activities established in the
house. The Flughafensozialdienst, an organisation to support refugees
and migrants got rooms for cases of emergency for asylum seekers and migrants.
An infoshop ( a cafeteria with political book- and newspaper - offer),
a public library and an archiv,music-experimenting-room, a sound-studio
and workshops developed. The umbrella-organisation of jugoslavian groups
and the office of the newspaper TATblatt moved in. KINOKI shows films
and documentations, the "Volxtheatre Favoriten" produces operas
and pieces. Concerts, discussions and solidarity-events take place.
People from all over the world live in the house. Nobody in the house
is working for personal profit, without payment, just for the interests
on the project itself. We don`t want, and we don`t get subvention or public
support.
With our work, our living-together and political engagement we want to
spread an alternative project of living.
In the last few years our work was accomponied by observing, spying, police-troops,
who every now and then attack the house.
The house defines itself as a place of discussion, information and resistance
against the dominaiting, non-worth-living circumstances of living here
and everywhere else.
sorry we don´t have more information available in english, maybe its because we are very lazy, but if you contact us by mail then we can do some direct translation or give more information in english....
- termine ... in the topic "termine" you will find the events, concerts or happenings of the next months in the ekh
- rapidite ... is our written monthly outcome, not only program zine for autonomous locations in vienna ...
- infoladen ... infoshop: "Infoladen 10" is a book, magazine and disc shop with an archive documentating episodes of post-nationalsocialism resitant movements in austria and germany open on wednesdays to saturdays afternoons also to drink a cup of coffee.
- bibliothek ... anarchist library open on wednesday afternoon, ( also some english, spanish and french books)
- haus-frauen... radical, anti-authoritarian,feminist, lesbian house wives propaganda section...
- volxtheater... publix theater group born in inner favoriten (= ex-workingclass district of vienna).... NEW HOMEPAGE COMING SOON
- atigf ... communist turkish group, squatted this house
- kinoki ... assoiation of audiovisual selfdetermination, organizing screenings, made some films, homepage coming soon
- deserteurs und flüchtlingsberatung ... deserters and refugees service
- proberaum ... rehersal`s room
- tatblatt ... anarchist newspaper
- queer beisl ... queer bar with political discussions, films and entertainment
you `ll find the EKH
in Wielandgasse 2-4 in the 10th district (Favoriten!) in Vienna (austria)
near the red metro-line or bus 14A -station "Keplerplatz", or
tram number 6 "Reumannplatz"
