The Austrian Constitutional Court decided in the last session in a total of 700 cases. Also about the climate action brought by the environmental organization Greenpeace: It was rejected.

The applicants called the Constitutional Court in February to take action against the “unfair advantage” of climate-damaging air traffic over the railways. But the court makes it clear: the NGO's rights are not directly violated. Thus a requirement for the admissibility of an application is not given.

In addition, no reasons were given as to why parts of the regulations were considered unconstitutional. "However, this must not remain open, especially since these are provisions that are not inextricably linked to the tax exemptions criticized," argued the court.

The class action brought by the environmental organization primarily involved preferring climate-damaging air traffic over rail. Kerosene tax exemption on domestic flights and VAT exemption on international flights would be one of the reasons that flights can offer cheaper prices than rail.