Municipality of Salzburg v. Deutsche Bundesbahn

Abstract

Jurisdiction — Territorial — Tort committed outside jurisdiction — Effects within jurisdiction — Operation of hydro-electric power plant in the Federal Republic of Germany — Escape of waters during storm — Claim for damage to fishing reserves in Austria — Whether effect within Austria sufficient to justify municipal jurisdiction — Nature of duty of operator of plant — Law applicable to tort committed abroad but producing effects within AustriaEnvironment — Action against foreign corporation regarding environmental damage — Transboundary escape of water from hydro-electric plant in the Federal Republic of Germany — Whether owner of fishing rights in Austria entitled to damages — Nature of duty of operator of plant — The law of Austria