Judgment of February 23, 1988

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Judgment of February 23, 1988 In this case, a real estate owner filled action in the courts in Austria in order to prevent the establishment of a power plant 115 kilometers from the country's borders in Czech. He claimed that the construction had been irregularly licensed and that the effects of radionuclides generated from the establishment's operations would be detrimental to his business. He was certain that the radioactive-contanined water vapor and excessive warmth which were environmentally hazardous. The instance court was in disagreement with the plaintiff the main reason being that it did not have ratione locigeographic over the issue which was also ratified by the first instance courts. However, the Oberste Gerichtshof (Supreme Court) of Austria thought otherwise. The main argument here was that the issue must have been fore seen by the nuclear plant and was not just inadvertent. This court argued that the baseline establishment rule in the "Gasoline rule" demand "unjustifiable discrimination" as well as "disguised restriction on international trade" therefore it the statute governing venue of claims touching on real estate gives the Austrian courts authority ratione loci over the claims where these business people's investments are affected or will be affected by the emissions. Enforcement the Judgment The critical question then is the enforcement of judgment considering the fact that the Austrian court issues a judgment and the Czech party refuses to
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