Austrian Government Moves to Amend Railway Law Amid Verbindungsbahn Project Delays

Government Addresses Legal Ambiguity in Railway Law

The Austrian federal government is set to amend the national Railway Act following persistent legal uncertainties that have stalled the significant Verbindungsbahn project in Vienna. The proposed legislative change aims to clarify the definition of 'high-performance lines' (Hochleistungsstrecken) within municipal areas, a key issue that has led to delays in the crucial infrastructure development. The draft amendment is anticipated to be discussed by the transport committee in 2025.

Legal Hurdles for Verbindungsbahn Project

The Verbindungsbahn project, a major undertaking by ÖBB (Austrian Federal Railways), has faced considerable legal challenges, primarily revolving around whether the section of the line passing through Hietzing qualifies as a high-performance line under existing law. This ambiguity has led to the project being held up in the Federal Administrative Court (BVwG), with a potential for delays stretching several years in a 'worst-case scenario'. The construction start, initially planned for 2025, was indefinitely postponed in July due to these unresolved legal questions.

Proposed Amendment to Clarify 'High-Performance Lines'

A spokesperson for the Ministry of Transport explained that 'The amendment to the High-Performance Line Act is intended to clarify that railways connecting high-performance lines within a municipal area are also high-performance lines; a separate declaration of such railways as high-performance lines will no longer be necessary.' This clarification is intended to remove the legal basis for objections and allow the project to proceed. The government's move comes after criticism regarding the project's stalled status and aims to provide a clear legal framework for similar future developments.

The Verbindungsbahn Project: Scope and Controversy

The Verbindungsbahn project is designed to significantly enhance Vienna's rapid transit ring, specifically the S80 line, by modernizing the section between Wien Hütteldorf and Wien Meidling. Key aspects of the project include:

• Continuous double-tracking of the line.
• Construction of two new stations: Hietzinger Hauptstraße and Stranzenbergbrücke.
• Modernization of the existing Speising station.
• Implementation of comprehensive noise protection measures along the entire route.
• Elimination of six level crossings in Hietzing, to be replaced by underpasses for pedestrians and cyclists.

Despite its intended benefits, the project has drawn significant opposition from local residents and citizen initiatives in Hietzing. Concerns raised include potential increases in noise pollution, environmental impact due to tree felling, and the visual impact of an elevated track design. Opponents have also expressed fears of increased freight traffic. ÖBB, however, maintains that the project is essential for future capacity and connectivity, stating that alternative solutions like tunnel construction are technically unfeasible and cost-prohibitive.