Ombudsman
calls on Commission to rectify deficiencies in Vienna airport investigation
The European Ombudsman, P. Nikiforos
Diamandouros, has called on the European Commission to correct
deficiencies in its investigation of complaints against Austria concerning Vienna airport. This follows complaints from 27
Austrian citizens' organisations concerning the absence of an environmental
impact assessment (EIA) for several airport extensions. During his own
investigation, the Ombudsman repeatedly pointed to problems with the EIA, which
was eventually carried out retrospectively, including a potential conflict of
interest involving the Austrian authorities. Since the Commission failed to act
on the Ombudsman's findings, he decided to submit a Special Report to the
European Parliament.
Missing
environmental impact assessment for extension of Vienna airport
In recent years, Vienna airport has been extended through the
construction of several building projects. Twenty seven Austrian citizens'
organisations lodged an infringement complaint with the Commission, arguing that
the Austrian authorities had not carried out an environmental impact assessment
(EIA) as required by EU environmental law. Since most of the projects had
already been completed, the Commission asked the Austrian authorities to carry
out an EIA retrospectively, with a view to potential compensatory
measures.
During his investigation of the case, the Ombudsman
repeatedly identified problems with the retrospective EIA. Firstly, he pointed
out that the Ministry entrusted with carrying it out had itself issued some of
the permits for the project. The Ombudsman shared the complainants' view that
this situation might involve a conflict of interest. Secondly, the Ombudsman
found that the citizens' organisations were justified in criticising the
Commission for failing to deal properly with their claim for access to a review
procedure.
The Ombudsman concluded that the Commission failed to
take appropriate action, when faced with a clear infringement of EU law. He
therefore sent a Special Report to the
European Parliament, asking for its support in persuading the Commission to
correct its approach in this case.
The European Ombudsman investigates complaints about
maladministration in the EU institutions and bodies. Any EU citizen, resident,
or an enterprise or association in a Member State , can lodge a complaint with the
Ombudsman. The Ombudsman offers a fast, flexible, and free means of solving
problems with the EU administration.
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