Fundamental Rights Right to property, liberty and personal security CROSS-BORDER PROBERTY OFFENCES Four concrete-mixing lorries valued at about EUR 800,000 were stolen from a company in South Tyrol (Italy), channelled through Austria, and probably sold to Southeastern Europe. The Italian company approached the AOB because the Austrian police were not investigating properly as the lorries were able to drive unchecked through Austria. The stolen concrete-mixing lorries began their trip on the Austrian motorway at 5:10 a.m., ending it at 7:58 a.m. At 6:15 a.m. the company had reported the theft to the Italian police in South Tyrol. The police in Austria were informed within the scope of international police cooperation. The request to search for the stolen vehicles was made at 6:52 a.m. and by 7:17 a.m. all the information about the appearance of the lorries, the brand and model, as well as the licence plates had been forwarded to the Austrian authorities. Information Timely intervention by the police, however, failed due to the lack of cooperation with ASFINAG, the company responsible for collecting motorway tolls in Austria. The ASFINAG’s "GO-Box“ (electronic toll system) records precisely down to the minute where lorries are at any given moment. However, the Austrian security authorities did not attempt to retrieve the location data of the stolen lorries by way of a “GO-Box query” to ASFINAG. The law enforcement agencies believed that ASFINAG would not be willing to provide these data without an order from the Public Prosecutor. Furthermore the responsible agencies (with the approval of the Federal Ministry of the Interior) were of the opinion that obtaining the data against the will of ASFINAG would not be legally possible. The search, which took place exclusively within the scope of the general patrol duty of the motorway police, was unsuccessful. Lack of available to the police cooperation 27

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