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.