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For open spaces outside of the settlement area of a municipality a (binding) zoning plan (Bebauungsplan) may not be prepared by way of accelerated procedure pursuant to section 13b first sentence of the Federal Building Code (BauGB, Baugesetzbuch). That was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today. The applicant, an environmental association recognised pursuant to section 3 of the Environmental Appeals Act (UmwRG, Umwelt-Rechtsbehelfsgesetz) is bringing judicial review proceedings (Normenkontrollverfahren) to challenge a zoning plan of the respondent.

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Following the case-law of the Court of Justice of the European Union (CJEU, hereinafter Court of Justice), there is a strong presumption that, in the case of prosecution for refusal to perform military service in a conflict and if that military service would include, inter alia, war crimes or crimes against humanity, the refusal to perform military service is connected with a reason for persecution. It is for the national authorities and courts to ascertain, in the light of all the circumstances at issue, whether this connection is plausible. In that regard, it is not sufficient if the requirements for refugee protection are considered to be met on a diffuse factual basis and by falling short of the regular standard of proof (Regelbeweismaß) to reach the full judicial conviction (Überzeugungsgewissheit).

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The Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today dismissed the applications of two air force officers against the obligation to tolerate a Covid-19 vaccination as unfounded. The subject of these applications under the Military Complaints Ordinance (WBO, Wehrbeschwerdeordnung) is a General Regulation of the Federal Ministry of Defence (Bundesministerium der Verteidigung) of 24 November 2021, which included the vaccination against Covid-19 in the list of basic vaccinations binding on all male and female active-duty soldiers.

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The fact that parents and siblings of a minor refugee were granted subsidiary protection status does not prevent recognition of family refugee protection; if the refugee has reached the age of majority during the procedure, both the family members and the child must have expressed their request for asylum prior to the child reaching the age of majority. This was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today.

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A new hearing before the Schleswig-Holstein Higher Administrative Court (Oberverwaltungsgericht) will have to be held regarding the obligation of the Deich- und Hauptsielverband Eiderstedt to take damage limitation and remedial measures due to damage affecting the black tern (Trauerseeschwalbe) in the Eiderstedt bird sanctuary. That was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today.

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The right of first refusal for a plot of land that is located in the scope of application of a preservation by-law (Erhaltungssatzung) or preservation ordinance may not be exercised by a municipality based on the assumption that the purchaser intends to use it contrary to the preservation aim in the future. That was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today. The claimant, a property company, is challenging the exercise of the municipal right of first refusal.

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The mere fact that an asylum applicant does not comply with an order to appear at a specific time for a forced transfer to the EU Member State responsible for conducting the asylum procedure (Selbstgestellung) does not suffice to assume "absconding" within the meaning of the Dublin III Regulation with the result that an extension of the transfer time limit to 18 months cannot be justified. This was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today.

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The basic specifications for the preparation of performance appraisals must be regulated in a formal law due to their vital importance to selection decisions in accordance with article 33 (2) of the Basic Law (GG, Grundgesetz). Mere administrative regulations are not sufficient for this purpose. Performance appraisals must end with an overall result that covers all individual elements of the three criteria contained in article 33 (2) GG and have been appraised by the employer.

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Federal police officers are entitled to additional compensatory time off for their deployment during the G7 summit in Elmau and during the subsequent Bilderberg meeting, including for the times described in the duty rosters as rest periods during which the officers were subject to specific restrictions at their local accommodation in order to be available for a provision of services which may become necessary.

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A judge who suspends proceedings in order to refer questions relating to EU law to the Court of Justice of the European Union (CJEU, hereinafter Court of Justice) for a preliminary ruling does not have a claim for reimbursement of the travel expenses incurred for the trip to the Court of Justice oral hearing in such proceedings. That was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today.