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The legal opinion on the responsibility of the Management Board for the project VIE-Skylink Terminal Expansion has now been received. The Management Board acted in accordance with the requirements of this particular situation and fulfilled its responsibilities. This legal opinion indicates that the Management Board is not responsible for any damages, reported Christoph Herbst, Chairman of the Supervisory Board of Flughafen Wien AG on the opinion prepared by Univ. Prof. DDr. Waldemar Jud, a recognised expert in civil and company law. Univ. Prof. DDr. Jud, who was commissioned by Flughafen Wien AG to evaluate the responsibility of the Management Board on the project Terminal Expansion VIE-Skylink, came to the following conclusions in his legal opinion:
The VIE-Skylink is a highly complex major project that was designed from the very beginning to allow for flexible reaction to changes in the operating environment at any time. These types of large projects are unique and carry an inherent risk connected with meeting technical, financial and scheduling targets.
Forecasts prepared to date indicate that actual costs will exceed the original estimates, despite the efforts of the Management Board of Flughafen Wien AG. Since the project has not yet been completed and construction is currently interrupted, forecasts cannot lead to a final statement on the actual cost of this project.
The reasons for specific entrepreneurial decisions by the Management Board during the realisation of the "VIE-Skylink"project were described understandably by an ex anteanalysis. Furthermore, detailed research on the circumstances related to the project identified compelling factual reasons for the necessity of making entrepreneurial decisions.
An analysis of the legally required and project-specific reporting flows showed that the Management Board was provided with the necessary information for its entrepreneurial decisions. The same applies to the provision of information to the Supervisory Board.
The question as to whether the Management Board of Flughafen Wien AG is responsible for any damages must be negated from the present point of view.