Next Decision in the Schwarze Sulm case: Administrative Court Strengthens Position of Environmental Organizations
The Administrative Court (VwGH) has significantly strengthened the position of environmental organizations in the proceedings concerning the hydroelectric power plant on the river Schwarze Sulm. Specifically, the Working Group for the Protection of the Koralpe and the West Styrian Hills was granted party status in the proceedings to extend the deadline for completion of construction.
The Administrative Court cited the case law of the European Court of Justice. According to this case law, when a deadline is extended, it must be re-examined whether a project could have an impact on protected habitats and species if significant circumstances have changed since the original approval. In the case of Schwarze Sulm, such changes have occurred, which is why a new environmental impact assessment is required. Since environmental organizations must be allowed to participate in such assessments, the VwGH granted the organisation party status. In doing so, it also relied on the Aarhus Convention and European environmental law, which guarantee the public access to environmental proceedings and legal protection.
The ruling strengthens the rights of environmental organizations beyond the specific case and could have implications for other Austrian environmental proceedings in which the public’s right to participate has thus far been restricted. This improves the prospects for opponents of the power plant to legally enforce the protection of the Schwarze Sulm.
Parliament adopts the Renewable Energy Expansion Acceleration Act (EABG): An important framework, but real acceleration works differently
On 11 June 2026, the Austrian Parliament adopted the Renewable Energy Acceleration Act (EABG). The Act aims to speed up permitting for renewable energy projects and related grid and storage infrastructure, while implementing key parts of RED III. It sets a target of increasing renewable electricity generation by 30 TWh by 2030 and introduces a 5 GW battery storage target.
The EABG creates a privileged permitting regime, including simplified procedures and special rules for acceleration areas. Projects in such areas may avoid full environmental or nature assessments if a preliminary screening finds no significant unforeseen impacts. Hydropower is largely treated separately, and ecologically intact rivers are protected from a blanket presumption of overriding public interest.
Overall, the law is a welcome step, but it does not fully use the strategic planning potential of RED III. Real acceleration will also require better staffing, early public participation, and binding nature-compatible spatial planning.