English Summary

Legislator amends right of appeal of NGOs in Waste Management Act 2002
As part of the administrative jurisdiction amendment 2012, which introduces a comprehensive administrative jurisdiction of First Instance in Austria, numerous relevant laws need to be adapted to the new procedural and organizational rules. Responsible for the adaptation is the Ministry in whose competence the respective law falls. The BMLFUW has also submitted several adaptation packages in recent weeks. One of these packages aims to adapt the Waste Management Act 2002 (AWG 2002) to the new legislation (Ministerial draft Administrative Justice Adaption Act - BMLFUW environmental agendas). Thereby the rights of appeal of environmental organizations have been amended in an unexpected place.

ECJ stops the extension of Salzburg Airport – EIA required
The ECJ confirmed in a recent ruling the decision of the Environmental Senate, which states that the extension of Salzburg Airport is subject to an Environmental Impact Assessment. Due to incorrect transposition of the EIA Directive into the EIA Act 2000 the EIA Directive has direct effect. The ruling of the ECJ questions Austrian legislation, which excludes whole classes of projects from the EIA obligation through the setting of thresholds, and ‘sanctions’ any implementation gaps with the direct applicability of the EIA Directive.

geändert am 16.04.2013