Legal report on the S1 Lobautunnel: A step against traffic chaos?

Legal report on the S1 Lobautunnel: A step against traffic chaos?

On September 23, 2025, the Environmental Organization Virus will present a new legal opinion on the controversial S1 Lobaut tunnel, which was sent to Federal Minister Peter Hanke. According to [oekonews.at] (https://www2.oekonews.at/RechtsGutachten-s-s-s-s- und-protection-an-bm-hanke-eebermittelt+2400+129699), spokesman Wolfgang Rehm Hanke supports the time to check the time and to avoid the plans to avoid possible allegations. In the past, a rapid implementation of traffic projects led to unjustified allegations against Minister of Transport.

Rehm emphasizes the need to observe EU law when planning federal roads. The historical disregard of these laws has a consequence that no permits for the praise tunnel could be granted. Against this background, the European Court of Justice had to be switched on in the Causa. Rehm criticizes the praise tunnel as an expensive and inefficient project, which in his opinion will not bring any significant relief for traffic.

Legal clarifications and challenges

The presentation of the legal report took place on September 22, 2024 in Vienna and represents a follow -up report that illuminates the complex legal questions about the Lobaut tunnel. In a press conference, Rehm explained that the role of the Minister of Transport was variable over the years. He cited examples from the past, such as those of the Minister Werner Faymann and Doris Bures, who made legal evaluations. In contrast, Leonore Gewessler, who was presented as a minister without real scope for action.

In addition, Rehm noted that the lack of consideration of significant legal questions and lack of project permits are critical points. Union -controlled “plans and programs” without a strategic environmental examination (SUP) would have to be interpreted or canceled. This confirms the legal framework according to Directive 2001/42/EC via the strategic environmental examination, which is intended to ensure the protection of the environment and requires the consideration of environmental considerations in planning and programs, such as Eur-lex.europa.eu.

Prospects and developments

The perspective for the construction of the S1 Lobautunnel appears critical. Hufnagl, board member of ASFINAG, said that construction was not to be expected before 2031 and that fictional completion would only be possible after 2037. In this context, the freedom of choice was also discussed by Federal Minister Peter Hanke, which is restricted by legal requirements. It is also pointed out that before the decision of the ECJ, no permits for water rights, nature conservation and environmental impact assessments can be issued, which further increases the uncertainties by the project.

In the discussion about the Lobautunnel, it becomes clear that the cross -connections between environmental compatibility and political decisions must be taken into account in order to adequately operate public and ecological interests. The ongoing strategic environmental examination, which is accompanied by an environmental report, can have a decisive impact on the future of the project.
The report shows that a deletion of the S1 between Schwechat and Süßenbrunn is regarded as the safest way to clarify legal clarification.