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Federal Administrative Court Halts A26-Ost Over Climate-Law Failures

The ruling faults planners for skipping a climate-focused alternatives analysis, requiring a supplementary review before any work can proceed.

Overview

  • Judges declared the plan-approval decision for the first section unlawful and non-executable, allowing defects to be remedied rather than annulling it outright.
  • The court found a breach of §13 of the Federal Climate Protection Act, saying planners failed to assess route options against national climate goals, including land-use impacts.
  • The selected Süd 1 alignment would take 18.5 hectares of high-quality peat soils, while the Süd 2 alternative could be shorter, cheaper, and avoid peatlands.
  • The case (BVerwG 9 A 2.24) concerns one of three sections of the roughly 9.7-kilometer link intended to connect the A7 and A1 and improve access to the Port of Hamburg.
  • A separate lawsuit by an oil refinery operator over a high-voltage line relocation was dismissed as unfounded.