23. November 2022 | NEWSFLASH Umweltrecht

NEWSFLASH English Summary

Wolves in Tyrol: Provincial Administrative Court makes preliminary reference to ECJ

In connection with a complaint regarding the removal of the wolf 158 MATK, the Tyrolean Regional Administrative Court has recently referred several questions to the European Court of Justice on the legal interpretation of the Fauna-Flora-Habitat Directive. 
In addition, on September 8th, 2022, the Tyrolean provincial government released two additional adult wolves designated 151 MATK and 165 MATK, as well as two young wolves from the Hochstadel wolf pack, each for a limited time period until September 30th, for shooting. With the latest complaints against the two removal orders, WWF Austria and ÖKOBÜRO have also achieved that the four wolves must not be removed for the time being - as long as the appeal proceedings are ongoing. A success for the protection of species! After all, the Hochstadel wolf pack is the first proven pack in the alpine biogeographical region of Austria!

Austrian Constitutional Court to check Nitrate-Reduction inaction

The Austrian Constitutional Court took on a case by the concerned public aiming at reducing the amount of nitrate in their water according to the EU Nitrate directive. This follows an ECJ decision on the right of the public to call for action, if the limit for nitrate is not kept. As the federal minister for agriculture failed to implement a stricter plan for nitrate reduction, the public concerned filed a motion against the delay of procedures. This is a novelty in Austria, as the law does not contain such a right to date. The Constitutional Court now reacted and is reviewing the Nitrate Action Programme.