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Austria / Supreme Administrative Court / 2010/03/0051

A municipality, a citizen initiative group, a real estate company, a company running a hotel, seven Austrian citizens and the Salzburg Ombud for environmental protection (Landesumweltanwaltschaft) v Federal Ministry for Transport, Innovation and Technology

Policy area:
Environment
Deciding Body type:
National Court/Tribunal
Deciding Body:
Austria / Supreme Administrative Court
Type:
Decision
Decision date:
30/09/2011

Key facts of the case:

The Federal Ministry for Transport, Innovation and Technology issued a decision allowing the double-tracking of a certain section of the railroad between Schwarzach/St. Veit and Villach. The project required an assessment of the environmental effects. The complainants argued that the Federal Ministry had not adequately assessed the environmental effects and that the applicable Austrian law failed to transpose Art. 10a of Directive 85/337/EC (as amended by Directive 2003/35/EC) as the Federal Ministry for Transport, Innovation and Technology was the only authority to decide in the case.