Austria: Schoenherr assists MedAustron with EIA permit for expansion of cancer treatment and research centre in Wiener Neustadt

Since 2008, Schoenherr has been supporting EBG MedAustron GmbH (MedAustron) in the construction and implementation of the Centre for Ion Therapy and Research in Wiener Neustadt, one of the most advanced cancer treatment and research centres in the world. Until now, the centre in Wiener Neustadt consisted of a particle accelerator and 4 treatment rooms. The extension introduces a treatment room (IR5), which will be irradiated by a new particle accelerator that is yet to be built.

The approved extension is expected to enable the treatment of 1,200 patients per year. The aim is also to create additional treatment options for tumours that cannot be treated successfully at the moment and to make ion therapy accessible to a larger number of patients at the same time. The additional synchrocyclotron-based accelerator facility enables the increased use of carbon ions in addition to treatment with protons, thereby expanding the range of indications for tumours to be irradiated.

The EIA procedure for the IR5 expansion involved complex legal issues regarding numerous plant and environmental law topics, in particular the Environmental Impact Assessment Act, nature and species protection law as well as radiation protection and hospital law. The challenging project also requires the extension of the centre to take place during ongoing hospital operation.

In close cooperation with the MedAustron project team, the EIA approval for the IR5 extension was obtained in July 2024. Schoenherr was able to once again demonstrate its expertise in hospital and radiation protection law with this successful approval.

"We are very pleased with the legally binding EIA approval for the IR5 extension," emphasises attorney at law Christoph Jirak, who is managing the project. "It is a great step to set a milestone together with the MedAustron project team, which will drive the ongoing development at the limits of what is medically feasible and contribute to the treatment of numerous patients."

MedAustron is a unique cancer treatment and research centre in Austria and one of only six comparable centres worldwide. Cancer patients receive advanced therapy there, known as ion or particle therapy. This form of radiotherapy uses charged particles - protons or carbon ions - from a particle accelerator to treat tumours. In addition to its clinical application, MedAustron also conducts intensive research to continuously develop therapy methods. The centre has been in operation since December 2016 and employs around 250 people.

The Schoenherr team that advised MedAustron on the EIA procedure consists of Christoph Jirak (attorney at law), Christian Schmelz (partner), Sarah Wolf (attorney at law) and Valentin Dignös (associate).