Title: 
Dritte Piste des Flughafens Wien Schwechat darf nicht gebaut werden
Country: 
Austria
Type of document: 
Date of text: 
February 2, 2017
Data source: 
Seat of court: 
Vienna
Justice(s): 
Mag. Karl Thomas BUCHELE
Dr. Werner ANDRA
Dr. Christian BAUMGARTNER
Abstract: 

The Bundesverwaltungsgericht, the highest administrative court in Austria, decided that plans for a third runway for the airport of Vienna cannot be carried out citing that these plans were not compatible with the high importance that the Charta of fundamental rights of the EU, the Austrian Constitution as well as the Constitution of Lower Austria attach to climate protection as well as Austria's specific commitments at the international and national level in this regard. In particular the court decided that the interest of the public in being protected against climate change outweighed the public interest for this infrastructure project. The three judges determined that no fundamental questions of law were at stake in the case and therefore only an extraordinary appeal is permitted in which the appellant would have to prove as a preliminary matter that the decision violated fundamental rights, which given the reliance of the court on these fundamental rights in arriving at its decision appears unlikely.