After Termination of Marchfeld Expressway: State of Lower Austria Appeals to Supreme Court

According to statements on Friday, the state of Lower Austria has lodged both a complaint with the Constitutional Court (VfGH) and a revision with the Administrative Court (VwGH).

Lower Austria Criticises BVwG Decision on Marchfeld Expressway

"We continue to fight for the people in Marchfeld and the urgently needed traffic relief. The interests of the citizens must finally take precedence," emphasized Deputy Governor Udo Landbauer (FPÖ) in a press release. The state of Lower Austria argues that the BVwG's decision is so flawed that it also violates provisions of the Federal Constitution.

In particular, the BVwG has claimed competencies that it does not have. According to the press release, the complaint "argues that the decision is pure arbitrariness and the facts were grossly inadequately determined". The revision to the VwGH would highlight numerous procedural violations and refute the claim that there is a better alternative for the S8 than the one proposed by Asfinag. Once before, in 2023, the VwGH had overturned a BVwG decision in the case, it was reminded on Friday.

After End of Marchfeld Expressway: Supreme Court Decision Expected in Autumn

The state of Lower Austria expects a decision from the supreme courts this coming autumn. "We will not be discouraged. The people in Marchfeld have a right to relief and the S8 is a key to that. We will continue to fight for the implementation of this project," Landbauer announced. The BVwG had recently decided that the S8 was not environmentally compatible because the Natura 2000 area Sandboden and Pratertrasse would be significantly affected by this project. In particular, the nearly only remaining breeding ground for the particularly protected bird species Triel would have been irreversibly destroyed.

(APA/Red)

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