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Austria / Constitutional Court / B254/11

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

Policy area:
Deciding Body type:
National Court/Tribunal
Deciding Body:
Constitutional Court
Decision date:
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.