Latest updates

New outlines for water management and planning
Schoenherr Attorneys at Law
  • Austria
  • October 02 2017

The first update and review of Austria's national water management planning instrument has revealed that the objectives of the EU Water Framework Directive will be achieved neither to their full extent nor in a timely manner. Nonetheless, the National Water Management Plan 2015 is a useful and comprehensive document that contains extensive information for all stakeholders and sets out the next steps to achieve the ultimate goal of restoring Austria's water bodies.

Constitutional Court raises hope for third runway at Vienna International Airport
Schoenherr Attorneys at Law
  • Austria
  • July 17 2017

The Constitutional Court recently reached a landmark decision and overturned the Federal Administrative Court decision which had rejected the permit for a third runway at Vienna International Airport on the grounds of climate protection and land use. This decision is significant in that it has far-reaching consequences for many other projects beyond the scope of the third runway. It is also relevant to Austria as a business hub.

Climate impact: game changer for third runway at Vienna Airport
Schoenherr Attorneys at Law
  • Austria
  • May 08 2017

The Federal Administrative Court recently hindered the plans for a third runway to be built at Vienna Airport, explaining that the positive aspects of the project could not justify the extra carbon dioxide pollution. The decision was reached despite the court conceding to the fact that air traffic will increase in the future and thus a third runway is necessary. This may be the first time that any court worldwide has rejected a project due to climate protection.

Court rules on rights in environmental impact assessment
Schoenherr Attorneys at Law
  • Austria
  • January 16 2017

The Federal Administrative Court recently addressed whether the party to a winning project in a conflict procedure was entitled to claim rights in the environmental impact assessment for the inferior project. The court ruled that, on the one hand, the legal standing of a party in a conflict procedure is not strictly restricted to that procedure. On the other hand, the court found that being party to a conflict procedure does not guarantee unlimited legal standing in the approval procedure of the other project.

No party status for neighbours in declaratory proceedings
Schoenherr Attorneys at Law
  • Austria
  • July 11 2016

The Federal Administrative Court recently confirmed that neighbours in earlier cases can enforce an environmental impact assessment only in subsequent approval proceedings. Further, the court has clarified that neighbours do not have party status in declaratory decision proceedings. As the legislature had failed to regulate earlier cases, this decision is a valuable contribution to procedural law.

Environmental impact assessments – new rights for neighbours
Schoenherr Attorneys at Law
  • Austria
  • April 18 2016

The European Court of Justice recently ruled that the exclusion of neighbours from challenges to declaratory decisions relating to environmental impact assessments (EIAs) is incompatible with EU law. Following this decision, the Federal Administrative Court has recently held that neighbours can now enforce an EIA in subsequent approval proceedings. Further, neighbours can now appeal against negative declaratory decisions.

Amendment to waste and clean-up regulations – important implications for banks
Schoenherr Attorneys at Law
  • Austria
  • February 08 2016

Under a recent bill to amend the Waste Management Act 2002, the federal government will be granted a statutory preferred pledge for all costs incurred when securing and remediating contaminated properties. This pledge will take priority over all other liens and property-related charges.

Change in proceedings for cultivation of GMOs
Schoenherr Attorneys at Law
  • Austria
  • October 19 2015

Austria recently implemented two federal laws in order to implement EU Directive 2015/41/EC, which provides member states with the possibility of restricting and prohibiting the cultivation of genetically modified organisms (GMOs) in their territories. Austria's federal legislature has also enacted a framework law on genetic engineering, which highlights the broad political consensus in favour of prohibiting the cultivation of GMOs in Austria.

Implementation of Water Framework Directive
Schoenherr Attorneys at Law
  • Austria
  • July 20 2015

Despite Austria's more stringent Water Law, the European Court of Justice's interpretation of the 'no deterioration' clause will likely further restrict the permissibility of projects that may affect the ecological or chemical status of bodies of surface water or groundwater. Assessment efforts during the preparation of projects and approval procedures will significantly increase – in particular, with regard to the question of whether a better environmental option exists.

Aarhus Convention – infringement procedure against Austria
Schoenherr Attorneys at Law
  • Austria
  • May 11 2015

The third pillar of the Aarhus Convention establishes a general right to bring a case before the courts if national environmental regulations might be subject to contravention. However, the implementation of the third pillar has caused controversy, and in July 2014 the European Commission initiated proceedings against Austria for non-compliance. As the European Union has provided no precise instructions for implementation, this suit is questionable.

Amendments to Chemicals Act and Biocidal Products Act
Schoenherr Attorneys at Law
  • Austria
  • April 13 2015

The agriculture, forestry, environment and water economics minister recently presented a draft law to amend the Chemicals Act and the Biocidal Products Act. The proposed amendments complete the standardisation of the classification, labelling and packaging of substances and mixtures. The amendments simplify the term 'toxin' and shift the current toxin purchase permit system to a simplified system of toxin purchase certificates.

ECJ rules on environmental impact assessment for exploratory drilling
Schoenherr Attorneys at Law
  • Austria
  • April 07 2015

In a recent case, the Ministry of Economy authorised a crude oil exploration company to undertake exploratory drilling for natural gas and mineral oil within an Austrian municipality. The municipality challenged the authorisation on the grounds that the exploratory drilling was subject to an environmental impact assessment. The Supreme Administrative Court referred the matter to the European Court of Justice for a preliminary ruling.

Christian Schmelz
Schoenherr
  • Vienna
  • Austria
Christoph Cudlik
Schoenherr
  • Vienna
  • Austria
Christoph Jirak
Schoenherr
  • Vienna
  • Austria
Monika Romaniewicz-Wenk
Schoenherr
  • Vienna
  • Austria
Bernd Rajal
Schoenherr
  • Vienna
  • Austria
Benjamin Schlatter
Schoenherr
  • Vienna
  • Austria
Schoenherr
Schoenherr