Court Decision Could Delay Construction of the Lobau Tunnel

The Federal Administrative Court (BVwG) has requested a preliminary ruling from the European Court of Justice (ECJ) on open questions in the Federal Roads Act. Specifically, it concerns a water rights procedure that has not yet been concluded. "The panel of judges has decided that the question will be submitted to the ECJ," a spokesperson for the BVwG confirmed to the APA on Monday.

Asfinag Looks Forward to Proceedings Calmly

The Autobahnen- und Schnellstraßen-Finanzierungs-Aktiengesellschaft (Asfinag), responsible for the project, remains optimistic. The company is confident that the measures will also be approved by the ECJ. At its core, it concerns the EU law conformity of the 2006 amendment to the Federal Roads Act. "This conformity was already examined and confirmed at the national level in 2018," Asfinag stated in a statement.

How long the procedure will take is unclear. To avoid delays, Asfinag plans to encourage a provisional continuation of the pending procedures at the BVwG – particularly on the topics of nature conservation and water rights.

Environmental Organization Welcomes ECJ Submission

For the environmental organization Virus, the decision to involve the CJEU is a significant step. "The legal opinion we commissioned from the University of Innsbruck, according to which the S1 lacks a legal basis in the Federal Roads Act, has apparently had an impact," said Wolfgang Rehm, spokesperson for the NGO. Virus argues that a Strategic Environmental Assessment, required for plans and programs, was not conducted. This violates EU law.

Rehm also criticized the entire tunnel project: "In recent decades, not a single valid argument has been made as to why this billion-dollar bottomless pit should be implemented." The tunnel does not bring traffic relief, but rather more debt and greenhouse gas emissions.

The Greens also feel validated by the decision of the Federal Administrative Court. "This shows that the Federal Administrative Court also has legitimate doubts about whether the inclusion of the Lobau highway in the Federal Roads Act was in accordance with European law," said Lukas Hammer, transport and environment spokesperson for the Greens. He hopes that the new Minister of Transport, Peter Hanke (SPÖ), will use the "court-ordered pause for reflection" to realize that paving a highway through a national park is not a good idea. The self-imposed climate and traffic goals cannot be achieved this way.

Political U-turn: Tunnel Construction Back on the Table

The construction of the Lobau Tunnel was halted in 2021 under the then Minister of Climate Protection, Leonore Gewessler (Greens). But with the new government, the project is back in focus. According to the current government program, at least the Aspern link – the connection between the Seestadt Aspern and the S1 – is to be realized. Transport Minister Peter Hanke (SPÖ) also expressed support for the construction of the tunnel in an interview at the end of February.

(APA/Red)

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