News from Austria

Category: ELD
European Court of Justice finds the Austrian Federal Environmental Liability Act in violation of EU law

The ECJ recently ruled that the Austrian implementation of the Environmental Liability Directive is not in compliance with the same Directive.

Firstly, the Austrian law bans fishermen from requesting action from the competent authority and the polluter and secondly, the national law specified, that only damages not resulting from a permitted activity can be evaluated as environmental damage.

With the ECJ ruling it is clarified that both requirements are violating the Environmental Liability Directive. The Austrian law needs to be reviewed straight away in order to match the European requirements.