You are here:

Austria / Constitutional Court / B254/11

Appellant v Ministry of Traffic, Innovation and Technology (MBVIT)

Policy area:
Environment
Deciding Body type:
National Court/Tribunal
Deciding Body:
Constitutional Court
Type:
Decision
Decision date:
28/06/2011
Key facts of the case:
 
In the permission procedure on a rail tunnel construction, the Ministry of Traffic, Innovation and Technology (BMVIT) decided a petition for instauration of the environment compliance procedure before appealing at the Administrational Court (Verwaltungsgerichtshof) because of misinterpreting EU law.
 
Results (sanctions) and key consequences or implications of the case:
 
The right to an impartial tribunal established by law was violated. The decision of the authority has been abolished.