New decision

EIA confusion surrounding the Federaun logistics center

The Federal Administrative Court has now clarified further legal points of view regarding the planned logistics center in the south of the city of Villach.

As reported, the Federal Administrative Court (BVwG) has overturned the decision of the state of Carinthia - meaning that it must now be examined whether an environmental impact assessment is necessary or not. A further legal decision could finally clarify in court whether such a project is a business park or a logistics center.

"Not a de facto protected area"
The decision by the BVwG could have an impact on other proceedings surrounding the planned project. Firstly, the court clarifies that the Federaun fields are not a "de facto bird sanctuary".

This decision will be particularly interesting for the nature conservation procedure for the flood exemption of the entire area. These proceedings are currently still pending before the provincial administrative court. It remains to be seen whether the experts in Klagenfurt will come to a different conclusion than the Federal Administrative Court.

The Federal Administrative Court's consideration of the flood exemption of the area and the relocation of Schütter Strasse is also exciting. This is because it shares the city's legal opinion that both measures are spatial planning measures and preliminary work. The provincial administrative court has also yet to reach a decision on this matter. "In the first hearing, the city was asked to provide a detailed list of facts that demonstrate the public interest with which the extensive destruction of natural space could be justified," says Anton Dicketmüller, spokesperson for the citizens' initiative.