Damages, Standing

The Federal Administrative Court allowed the appeal of a nature conservation association of a planning permission for the German highway A 143.

The court decided that the planning permission was not compatible with European legislation on nature conservation. Part of the highway was meant to go through two areas protected by the Fauna-Flora-Habitat Directive which requires prove that the protected are will not be significantly damaged. Even though it can be considered sufficient if there are safety measures in place trying to prevent damages, these measures will not be satisfactory, if there are scientific doubts as to how effective they are and if there is no significant public interest in the implementation of the project.

The court ruled that, after assessing the safety measures of the planning permission, the appeal is to be admitted and the permission to be declared void.