Further Tug-of-War Over Lobau Tunnel
This emerges from a new legal opinion commissioned by the environmental organization Virus. This follows the Federal Administrative Court (BVwG) submitting a request for a preliminary ruling to the European Court of Justice (ECJ) in March regarding the lack of legal basis in the Federal Roads Act.
Signs for Lobau Tunnel likely to remain on "Stop"
In particular, the scope of action for Transport Minister Peter Hanke (SPÖ) is rather limited until a corresponding ruling by the ECJ. "In the ongoing procedures regarding water law, nature conservation, and the EIA for the amendment project, no approvals can be granted before the ECJ's decision," said Virus spokesperson Wolfgang Rehm at a press conference in Vienna on Monday, highlighting one of the consequences from the perspective of the opinion. Rehm criticized Asfinag for suggesting that these procedures should continue regardless. The ECJ will make a decision between 2026 and 2027, and before that, there will be no approval for the still pending procedures.
Environmental Report SP-V "not just any opinion"
Rehm also recalled the environmental report, which is "not just any opinion." This refers to the "Strategic Traffic Assessment" (SP-V) initiated in 2022 by the then Climate Protection Minister Leonore Gewessler (Greens) and published in 2025, which recommends moving away from the S1. The expert and public law specialist at the University of Innsbruck, Thomas Müller, noted regarding the significance of the SP-V that there would be a "binding effect." "The report must not be deviated from without justification. The development of a new plan without considering the environmental report for the mere purpose of subsequent legalization would be considered a circumvention contrary to EU law," said Müller.
Müller had already stated in his previous opinion that "plans and programs" that were not subjected to a Strategic Environmental Assessment (SEA) in violation of EU law should be suspended or repealed. The expert retrospectively noted that he was not surprised that the Lobau Tunnel case ended up at the ECJ. He had "a strong suspicion that the SEA directive had not been taken seriously for a long time." In any case, the ECJ determined that non-compliance does indeed have legal consequences. "An SEA is not a simple evaluation, but a process regulated by EU law," added Rehm. In conclusion, Rehm recalled Hanke's announcement to make a decision on the Lobau Tunnel in the fall. Such a decision would be subject to "multiple restrictions" when considering all factors.
(APA/Red)
This article has been automatically translated, read the original article here.