Potential Liability for Operators of Business Premises under Pertinent Provisions of Austrian Environmental Law

摘要

The purchase of business premises in Austria often requires an assessment of environmental risks, especially for industrial sites. Considering the fact that even legal successors of the operators of business premises may, under certain conditions, be held liable for environmental damages occurring prior to the acquisition, the value of an environmental due diligence should not be overlooked. Even though Austrian law on environmental liability has recently been adapted to comply with European guidelines, there are still a number of specificities that must be taken into account. This article aims to give an overview of the pertinent provisions of Austrian environmental law that operators of business premises are advised to take into consideration and critically reviews whether the recent changes in Austrian law have comprehensively addressed the objectives of regulations existing on an EU-level.