The environmental Association BUND has failed before the Federal administrative court with a lawsuit against the construction of the A49 in Central Hesse. The court in Leipzig dismissed on Tuesday evening the action of the FEDERAL government, as well as a more of a private land owner. (Az.: BVerwG 9 A 22.19 and 9 A 23.19) The plaintiffs want to achieve, that the final plan approval decision for the part between the city and taken all the village and gemuenden/Felda or, at least, except for completion is set. Highway opponents had accompanied the negotiations with a loud Protest in front of the court building.
The highway to the dispute had the peculiarity that the court had addressed in 2014 with the plans. Already at that time, the Federal judge had dismissed the action of the FEDERAL government. “The legal effect of this judgment binds both the Tribunal as well as the authority and is not easily to break through,” said the presiding judge, Wolfgang beer in the grounds of judgment.
route by a water protection area
The FEDERAL government had yet tried, once again, against the plans to proceed, because there is now a more recent case-law of the European court of justice, to the water right. The path leads through a water protection area, which was also for the drinking water supply of the Rhine-Main area of importance. The Association described the project as a “design dinosaur”. The A49 is to connect Kassel with the casting.
For the Federal administrative court came to a withdrawal or a revocation of the plans, however, into consideration. You were with a view to the European water framework Directive in error. The German water law is flexible enough to be able to the Directive, which is legally safe to implement, said beer. To put the plan approval as requested by the applicants, except for enforcement, would be disproportionate.
During the hearing, the Senate had proposed to the state of Hesse and the plaintiffs originally a comparison. Accordingly, a so-called water, it should be created legal contribution, without that, the project had to be suspended. The lawyer of the FEDERAL government signaled its approval, the representative of the Hessian Ministry of transport rejected the proposal, however.
