Neighboring noise protection: Climate protection ministry continues to refuse information – repeated appeals to the courts necessary

Climate Protection Minister Gewessler continues to support ÖBB in concealing information about the noise situation at the ÖBB shunting yard in Graz

Graz/Vienna (OTS) Die Legal Clinic of the University of Grazwho are supported by Eisenberg Lawyers of the massive noise situation at the ÖBB shunting station in Graz-Gösting has already received support from the Federal Administrative Court twice in the last few months. Nevertheless, the climate protection minister still refuses to provide environmental information.

In addition to the lawsuit pending before the Supreme Court against ÖBB, the Legal Clinic has also submitted extensive requests for information under the Environmental Information Act to ÖBB and the Minister for the Environment (as ÖBB’s supervisory authority). It was not until the beginning of May 2022 that the Federal Administrative Court appealed to found misconduct on the part of Federal Minister Leonore Gewessler, BA, such as “Particularly serious or glaring gaps in the investigation” Celebration. In another case at the end of May 2022, the Federal Administrative Court ruled that information on construction work and noise pollution is environmental information that must be reported. Both cases were deferred to the Federal Minister for a new decision.

The Federal Minister has now made another unlawful decision on the first case. Information on increased noise pollution has again been refused since 2019. This time on the grounds that the requested information could harm ÖBB in court proceedings. This is particularly significant because the ÖBB maintained in court that there was no change in the noise situation.

This notice is also unlawful. According to the law, the provision of information on noise pollution cannot be refused with reference to ongoing legal proceedings. In addition, a detailed justification and discussion of the information sought and the interests affected are again missing.

Lawyer and supervisor of the Legal Clinic of the University of Graz, Univ.-Prof. Dr. Georg Eisenberger to: “The Federal Minister for Environmental Protection still does not provide any environmental information about the noise and its causes. For almost a year now, the political movement, which supposedly stands for transparency, has been trying by all means to protect a ruthlessly operating state-owned company at the expense of the residents in Graz Gösting. The impression is created that the ÖBB stands inviolably outside of civil and administrative law. The students working in the Legal Clinic are shown in an impressive way what Heinrich von Kleist had in mind when he created the character of Michael Kohlhaas.”

Questions & contact:

Univ.-Prof. Dr. Georg Eisenberger
0676 83647227
eisenberger@eisenberger.eu
Eisenberger Rechtsanwälte GmbH
Graz/Vienna/Brussels

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