Vienna decides: Complex EIA requirement for new cable car on Kahlenberg!

Vienna decides: Complex EIA requirement for new cable car on Kahlenberg!

There is currently a lot of interest in Vienna in the planned city cable car from Heiligenstadt across the Danube Island to Kahlenberg. This week the Administrative Court (VwGH) made an important decision that now provides clarity. Loud The press The VwGH confirmed that an individual case assessment according to the Environmental Impact Assessment Act (UVP) is necessary to clarify the environmental compatibility of the project.

The Vienna state government had originally determined that no EIA was necessary because the area required by the cable car was considered to be small. However, this finding was overturned by the Federal Administrative Court (BVwG) in October 2024 and the debate about the EIA obligation was reignited. The VwGH has now made it clear that cable cars outside of ski areas are also covered by the EIA Directive, which makes the legal situation in this area more complex. The decision provides relief for both project opponents and operators as there is now legal clarity.

Complexity of EIA procedures

The EIA Act stipulates that projects with significant environmental impacts must be subject to an assessment before they can be approved. This includes not only large infrastructure projects, but also many other projects, such as waste treatment plants or shopping centers. In many cases, the decision-making deadlines are short - just six weeks for the decision and up to eight weeks for the BVwG's appeal decision - but in practice the procedures often drag on for years, as examples from the past show. An application for an EIA determination for a ski area expansion took over a year.

Against this background, the need for a case-by-case assessment in the case of the Vienna cable car becomes clear. The Vienna Environmental Prosecutor's Office and various environmental organizations had previously lodged a complaint with the BVwG, which ultimately led to the original decision being overturned. The BVwG emphasized that cable cars are also relevant to environmental law outside of ski areas, especially if they are to be built in an area worthy of protection.

Further steps in the approval process

Now the EIA authority will have to examine the question of the EIA obligation for the city cable car in detail. The legal situation is a challenge for many project applicants because they often have to immerse themselves in a dense jungle of regulations and requirements. In this context, the lawyer Georg Eisenberger expressed clear criticism of the illegibility of the UVP law, which could deter many investors from projects in Austria. The complexity of the regulations deters companies and could lead them to implement their plans elsewhere.

In summary, it can be said that the VwGH's decision is not only important for the cable car project itself, but could also have far-reaching consequences for future infrastructure projects in Vienna. In times when sustainable development and environmental awareness are becoming increasingly important, it remains to be seen how the situation will develop further.