Supreme Court: EIA Law Also Applies to Vienna Kahlenberg Cable Car

As their lawyer Fiona List-Faymann explained on Tuesday, "a case-by-case examination according to the UVP-G 2000 is mandatory." From the perspective of Genial Tourismus- und Projektentwicklung GmbH, "the further path to implementation has now been cleared."

"Now we have the necessary legal certainty about which steps need to be taken next. With the case-by-case examination to be conducted by MA 22, the question of the project's UVP obligation is placed on a legally sound basis," said Managing Director Hannes Dejaco. He welcomed the clarifications of the VwGH in a response to the APA.

"Every Decision Right"

As the project operators emphasized, the prevailing legal assessment had previously been that "due to its low land requirement and the applicable UVP legal requirements, there would be no UVP obligation for the cable car," as was emphasized on Tuesday. However, they wanted to secure the remaining uncertainties regarding the authority's jurisdiction through a legally sound UVP determination procedure.

"We have always said that any decision is fine with us as long as it is legally sound and thus creates the necessary legal certainty," said Dejaco. "If we now have to conduct a case-by-case examination, we will fulfill our role as project applicant and provide the UVP authority with the information and data it needs for a well-founded decision on the project's UVP obligation." Should this case-by-case examination now lead to a UVP, they are convinced that the project will also pass this positively, it was stated.

No Legal Remedy Possible

The VwGH confirmed with its decision the legal view of the Federal Administrative Court (BVwG). According to this view, cable cars that do not lie exclusively within closed settlement areas also fall under the relevant provisions of the UVP-G 2000. "The VwGH has unequivocally clarified that environmental impact assessments must not be circumvented by narrow interpretations. The ruling not only strengthens the rights of citizens but also environmental protection in Austria," explained the lawyer. She pointed out to the APA that no legal remedy is now possible against the latest decision of the VwGH.

Last October, the BVwG overturned a decision by the Vienna state government following a complaint from environmental protection organizations. It had been determined that such an assessment obligation did not exist. The project applicants around "Genial Tourismus- und Projektentwicklung GmbH" then filed an appeal.

(APA/Red)

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