Zur dritten Piste des Flughafens Wien

Abstract

The Vienna International Airport will soon reach the limits of its capacity. The competent administrative authority had approved an application for the construction of a third runway by merely referring to the airport’s need for it. The Federal Administrative Court reversed the decision, based on a balancing of interests, transport on the one hand, environmental (in particular, climate) protection on the other hand. The Constitutional Court annulled the decision on grounds that the Federal Administrative Court by including in its balance interests not mentioned in the Aviation Statute had acted wilfully. Subsequently the Federal Administrative Court concentrated on those public interests mentioned in the Aviation Statute (mainly protection against noise) and approved the construction of a third runway, albeit under stricter conditions related to noise emissions than those originally imposed by the administrative authority. The whole episode has clarified the nature of balancing of interests to be performed when reviewing airport-related projects but has also shown some inappropriate judicial restraint of the Constitutional Court towards international law.