Environmental Law

In proceedings before the competent authorities, it is crucial for residents and neighbours to assert their rights and interests in a timely and proper manner. In particular:

• Objections should be raised at an early stage, ideally at the outset of the proceedings or, at the latest, before the oral hearing.
• Written submissions are strongly recommended in order to clearly document concerns and preserve their evidentiary value.
• Late objections may be precluded, meaning they can only be considered to a limited extent under procedural law.

We advise you on which objections are legally relevant and support you in submitting them in the correct form and within the applicable deadlines.

In proceedings concerning industrial facilities or construction projects, neighbours and residents are often granted party status. In such proceedings—particularly under the Trade Regulation Act (GewO) and the applicable building codes—an oral hearing is typically held at which objections may be raised and further specified.

It is essential that objections are submitted in a timely manner, in the correct legal form, and properly recorded in the official minutes. For non-lawyers, it is often challenging to formulate objections in a way that fully preserves their procedural rights. Legal representation at this stage is therefore strongly recommended in order to avoid the loss of party status and exclusion from further participation in the proceedings.

Failure to raise objections in due form by the time of the oral hearing may result in preclusion, meaning that such objections can only be asserted to a limited extent at a later stage. In practice, this often restricts claims to emissions that pose a risk to health, whereas merely disturbing emissions may no longer be challenged.

Our firm represents you in appeal proceedings before the administrative courts, the Administrative Court (VwGH), and the Constitutional Court (VfGH).
In cases involving criminal environmental pollution, affected neighbours may join criminal proceedings against the facility operator in order to obtain detailed information on the nature and extent of the pollution. This can be particularly valuable when preparing claims for damages or seeking injunctive relief against the operator.

We provide comprehensive advice and representation before administrative authorities as well as civil courts to enforce your right to a healthy environment and to protect your property.

• Protection against excessive emissions: Courts provide protection against emissions that are “unusual for the locality.” However, caution is required: emissions that have been tolerated over a longer period may, over time, be regarded as customary for the area.
• Action against unlawful operations: If a facility operator fails to comply with official requirements or operates without the necessary permits, legal action may be taken, in particular by seeking injunctive relief.
• Claims for injunctive relief and damages: Under certain conditions, neighbours and residents may be entitled to claims for injunctive relief as well as compensation for financial losses caused by emissions.

Important: Acting promptly is crucial. The best time to protect your rights is at an early stage—ideally as soon as you receive a notice or summons from the competent authorities.