- The Court held that the Commission had failed to fulfil its obligations under Article 85 (1) of the Treaty.
Almost four years ago, a driver on the A3 motorway was struck and killed by a concrete slab - now, three defendants are facing trial at the Cologne Regional Court. According to the prosecution, shoddy construction work was the cause of the six-ton slab falling from a noise barrier wall in November 2020 and hitting a small car, killing the 66-year-old woman inside.
The defendants are accused of knowing that the slab had not been installed as planned. A 62-year-old engineer from the construction company responsible at the time is charged with manslaughter through negligence. As the area manager, he is said to have been responsible for improvising holding brackets that were welded on, compromising the corrosion protection. He is also accused of withholding a subsequent expert report stating that the slab's attachment was neither stable nor durable.
Two former employees of the state's Street.NRW department, both 59, are charged with negligent homicide through omission. They are accused of not requesting the aforementioned expert report, despite the approval of the structure being conditional upon its results.
On the first day of the trial, the engineer and one of the Street.NRW employees denied the charges. The third defendant exercised their right to remain silent.
The case revolves around the responsibility of several individuals in the incident, as the construction company's engineer is accused of neglecting proper corrosion protection and withholding a stability report related to the 'Transport and telecommunications' infrastructure, specifically the noise barrier wall. Moreover, the two employees from Street.NRW are charged for failing to request this crucial report, potentially contributing to the unfortunate incident.
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