fwp represents ÖBB Infrastruktur in one of the largest infrastructure projects in Austria, the Semmering tunnel, with construction costs amounting to more than 3 billion euros. fwp represented ÖBB before the Austrian Supreme Administrative Court; with its resolution of 21  June 2017, the Supreme Administrative Court overruled the appeal lodged by the environmental organisation “Allianz für Natur” (AfN) and a citizens’ initiative objecting to the Semmering tunnel project.

 fwp successfully advises ÖBB Infrastruktur on the construction project of the new Semmering tunnel. This project is one of the largest railway infrastructure construction projects in Europe. The two-tube tunnel, which is to connect the towns of Gloggnitz and Mürzzuschlag, is envisaged to be 27.3 kilometres long. Construction work is scheduled to be completed by 2026. In 2015, ÖBB Infrastruktur estimated construction costs to amount to more than 3 billion euros. The Vienna Administrative Court approved the large-scale project already in November 2016, subject to changes in requirements. Approval of the project ”new” adapted Semmering-Basistunnel project was granted pursuant to the Lower-Austrian Nature Conservation Act (Ra 2017/03/0016).

A few opponents had, however, persisted in the legal tug-of-war also with respect to the new adapted version and challenged the court ruling. With its resolution of 21 June 2017, the Supreme Administrative Court dismissed the appeal proceedings initiated by AfN and a citizens’ initiative objecting to the Semmering tunnel project.

Following this decision, the approval for the new project remains in force. There are now no further proceedings pending before the Supreme Administrative Court.

“We are convinced that, should there be another assessment of the project, it will lead to a positive outcome for ÖBB Infrastruktur and that the project will be successfully continued and completed”, concludes fwp partner Michael Hecht.