New decision

EIA confusion surrounding the Federaun logistics center

Seven logistics and storage halls are planned on the site in Federaun. Administrative procedures are underway.

(Bild: DLH)

The Federal Administrative Court has now clarified further legal points of view regarding the planned logistics center in the south of the city of Villach.

As reported, the Federal Administrative Court (BVwG) has overturned the decision of the state of Carinthia - meaning that no environmental impact assessment (EIA) is required for the planned logistics center in Federaun. It was determined that the project is a logistics center and not a business park.

"Not a de facto protected area"
"Therefore, a case-by-case assessment is planned, which may also require an EIA," explains Villach's site lawyer Alfred Winkler. However, an appeal by the project applicant is possible. "In the decision, the BVwG also clarifies that the Federaun fields are not a de facto protected area, as was claimed," says Winkler.

This decision will be particularly interesting for the nature conservation procedure for the flood exemption of the entire area. It can be assumed that the competent Carinthian Provincial Administrative Court will come to the same conclusion as the BVwG on this issue.

No EIA required for preparatory measures according to the BVwG
The BVwG also issued a legal ruling on flood protection and the relocation of Schütter Straße. "With the project applied for, the flood exemption and the preparatory work for the L30 do not form a single project that triggers an EIA obligation," explains Winkler.

The court shares the city's opinion that these are preliminary spatial planning activities. Winkler: "We can therefore expect a decision from the regional administrative court on the matter itself."