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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 Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) today referred a case to the Court of Justice of the European Union (CJEU, hereinafter Court of Justice) for clarification as to whether, within the meaning of article 5 first half-sentence (a) and (b) of the Return Directive (hereinafter: Directive 2008/115/EC), relevant grounds can already prevent the issuance of a deportation warning (under asylum law).

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The absolute exclusion of cash payments of public broadcasting licence fees in the By-law on Licence Fees of the Hesse Broadcasting Corporation (Beitragssatzung des Hessischen Rundfunks) is a violation of the requirements under EU law for limitations on cash payments in fulfilment of statutorily imposed payment obligations as well as of article 3 (1) of the Basic Law (GG, Grundgesetz). However, the provision may continue to be applied for a transitional period until a new provision is adopted under the proviso that the Hesse Broadcasting Corporation (Hessischer Rundfunk) makes it possible for licence fee payers that demonstrably cannot open a current account with any private or public-sector credit institution to pay the licence fees in cash at no additional costs.

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An insolvency administrator does not have a right of access to information on an insolvency debtor's tax circumstances against the revenue authorities under the law of freedom of information. That was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today. The claimant is an insolvency administrator. Invoking the Freedom of Information Act of the Federal State of North Rhine-Westphalia (IFG NRW, Informationsfreiheitsgesetz Nordrhein-Westfalen), he requests tax information on two insolvent companies in order to be able to examine claims arising from the right to contest the debtor's transactions by virtue of insolvency (hereinafter insolvency avoidance claims, Insolvenzanfechtungsansprüche).

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Students who have acquired higher education entrance qualifications through second-chance education are eligible for benefits under the Federal Education and Training Assistance Act (BAföG, Bundesausbildungsförderungsgesetz) only if the education or training they are undertaking is scheduled to have been completed before the regular retirement age. This was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today.

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A civil servant who denies the existence of the Federal Republic of Germany by continuously stating "Kingdom of Bavaria" instead of "Federal Republic of Germany" when applying for a certificate of nationality seriously breaches his or her duty of loyalty to the constitution and may therefore be removed from civil service by way of disciplinary measure. That was decided by the Federal Administrative Court (BVerwG, Bundesverwaltungsgericht) in Leipzig today.

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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.