Oberwart heart surgery can continue despite permit being revoked

Heart surgery at the hospital in Oberwart can continue for now despite a court decision revoking its operating approval, the president of the Provincial Administrative Court told ORF.

The court said the approval was granted without the needs assessment required by law. Burgenland must now carry out a new assessment and can issue a fresh decision based on its findings.

If the state files the announced extraordinary appeal and seeks suspensive effect, the service can continue while the case proceeds, court president Thomas Giefing said. The appeal must be lodged with the Provincial Administrative Court within six weeks. The court can rule on it itself or refer it to the Administrative Court. A decision on suspensive effect is expected as soon as possible.

Health Burgenland will not use the full six-week deadline and will act promptly, the state media service told the Austrian Press Agency. The Administrative Court will decide whether the alleged procedural errors occurred. Separately, the responsible state department will amend the approval in line with the ruling and issue a new one.

The new assessment will use current figures from Oberwart’s heart surgery department to demonstrate demand, rather than relying on forecasts as it did in March, the state said. It added that the service’s continued operation was legally secured and that the next stage of its planned expansion would begin on October 1.