Consultant (Nature protection matters) at the Bavarian Court of Administration in Munich
48 complainants submitted appeals against the final plan approval by the government of Upper Bavaria (1993) which, among several feasible alternatives, stipulated the official solution rejected by the Nature protection campaigners. In the action, the complainants were not concerned with preventing the uncontested necessary connection between the Munich-Nuremburg federal motorway (BAB 9) and the Munich-Stuttgart federal motorway (BAB 8), but with preventing an additional roadway, the Eschenrieder Spange, part of the so-called official solution.
The application from the complainants side, represented by Deißler und Kollegen, solicitors, Munich, had the aim of compelling the Free State of Bavaria to introduce a formal environmental compatibility test, as all other versions of the process were more environmentally friendly than the official solution. The work of certification was limited to matters of Nature protection, especially adequate consideration of fauna. Proof was brought before the court that there were considerable errors in the determination of fauna numbers. Delivering judgement on 05.07.1994, the Bavarian Court of Administration allowed the appeal and bound the Free State to implement a formal environmental compatibility test. Unfortunately the Federal Court of Administration in Berlin again overruled the judgement on formal grounds, as the project was basically implemented before the obligation to carry out an environmental compatibility test, which came into force in 1988.
The partial success achieved in 1994 had, however, resulted in the fact that the results of the required number determination exercises were able to influence the implementation plans, which resulted in various improvements and somewhat increased sensitivity during implementation.
Süddeutsche Zeitung 13.Juli 1994