Supreme Court Rules UVP Law Applies to Kahlenberg Cable Car Project

The ongoing legal dispute regarding the proposed cable car on Vienna's Kahlenberg has seen a significant ruling from the Administrative Court of Austria (VwGH). The court has sided with opponents of the project, asserting the necessity for an environmental impact assessment in accordance with the Environmental Impact Assessment Act (UVP-G 2000).

According to the legal representatives of the opponents, the VwGH's ruling mandates that a detailed examination under the UVP-G 2000 must be conducted. This decision aligns with the interpretation previously established by the Federal Administrative Court (BVwG).

The court clarified that cable cars, even those not exclusively situated within urban areas, fall under the relevant provisions of the UVP-G 2000. The ruling emphasizes that environmental impact assessments cannot be circumvented through narrow interpretations, a stance that advocates for stronger environmental protections and acknowledges the rights of citizens in Austria.

This judgement ensures that the potential effects of the cable car project on the natural environment, landscape, and overall quality of life will undergo thorough legal scrutiny. The decision is deemed final, as no further legal recourse is available against the VwGH's ruling.

Last October, the BVwG overturned a decision made by the Vienna state government, which had concluded that such an environmental assessment was not required. Following this, the project developers, led by Genial Tourismus- und Projektentwicklung GmbH, filed an appeal against the BVwG's ruling.