S8: After the third Triel-round, it will face further evasions by Asfinag and bmvit

Europe illegality of the March field to take the fast road to knowledge!

Vienna (OTS) – In the Case of the marchfeld Expressway, the Minister of transport invited as an authority this February for the third Time after the hearing in 2016 for the party’s hearing relating to the stone-Curlew-bird protection area. Wolfgang Rehm, EIA-coordinator of the environmental organization VIRUS: “For years, it is clear that the European protected area is contrary to the desired approval, but at a distance from each equal to 7-12 months, always the same old excuses from the Federal Ministry and Asfinag. The process threatens to be deported, because you do not want to make the legally required refusal of approval partout”.

The parties to the Proceedings a VIRUS, the “citizens’ initiative March field (BIM)”, and “civic initiative for a livable Marchfeld”, the latter represented by the lawyer Dr. Wolfgang List in the recently ended period of your opinion, right, overall, in addition to neighbors six citizens ‘ initiatives from Vienna and lower Austria as well as three environmental organizations party position. “Asfinag is trying with offset surfaces to get through, but fail the fact that these are fleshed out in any way, and especially of the recent case law of the administrative court disagrees with,” commented Rehm. Particularly striking was that of the officially appointed expert, the changed in June 2018 inspection and night loss negative impact of the S8 to the Triels exclusive, has now submitted no expert opinion. He was merely a question catalogue of the bmvit to find the answer to the posed topics for misconduct, and decisive points ausklammere. “It looks to me almost as if it had been here a muzzle and you have a basically independent appraiser to be bullied”, writes Rehm. Unchanged, not a positive review for this Department more sun. On the other hand, meanwhile, the overwhelming finding of several private opinion, the issue of the S8 will be a bad testimony. “Here is the citizens’ initiative for a livable March field, with a focus in markgrafneusiedl, and her lawyer, Dr. List have been particularly good, and now, again, a professional opinion presented,” says Rehm. In particular, the poor state of preservation of the protection of good Triel would have, for Austria a special responsibility, and the inadmissibility of land within the conservation area to offset adverse effects on the area presented. For those parts of the Triel-life period, which would lie outside the designated protected area, a so-called de facto protected area. “All in all, the approach with open eyes on the matter, is the violation of European law is clear, and I’m here with a lawyer List, which was already repeated in front of the European court of justice (ECJ) to successfully completely agreed,” commented Rehm. Just the VIRUS to the Meeting-run, recent case law of the European court of justice show clearly what to do. “We expect that it will come to a legally compliant solution ,therefore, the end of this S8-submission project is only a matter of time. It goes without saying that it would be better if those responsible come sooner rather than later, to reflect and to other transport measures, invert it,” says Rehm finally.

Wolfgang Rehm, 0699/12419913, virus.umweltbureau@wuk.at