A local authority has no right to file an application or bring an action against the authorisation of the early start of construction if it is only a matter of preparatory and reversible measures. This was decided by the Mannheim Administrative Court (VGH) (Ref.: 10 S 1918/24 of 6 May 2025). The appeal was not authorised.

In this specific case, the municipality of Walheim wanted to prevent the start of preparatory measures and civil engineering work before the immission control licence for a sewage sludge cogeneration plant was granted. However, their efforts were unsuccessful. The 10th Senate of the VGH has already rejected an urgent application filed by the municipality in the same matter as inadmissible (case reference: 10 S 68/25 of 2 April 2025). The reason given in both proceedings was that the municipality lacked the right to file an application or bring an action. A possible violation of the municipality's own rights was not apparent as a result of the authorisation of the early start. The municipality's planning sovereignty is also not affected by this, as the authorisation has no binding effect and the subsequent decision on the application for approval of the project is independent of this.

„The decision creates legal certainty for a more flexible and faster construction of plants that require authorisation under immission control law,“ says Rechtsanwalt Michael Liesegang. „This is particularly relevant for the planned authorisation push for gas-fired power plants.“