Validity of zoning statute despite complete absence of mandatory balancing under § 215 BauGB

The Federal Administrative Court granted the complainant’s appeal and admitted the revision for further proceedings, determining that the dispute raises a question of fundamental legal significance. The case concerns a challenge to the validity of a zoning statute (Satzung) under German planning law, specifically alleging that the statutory requirements were not met due to a complete absence of the mandatory balancing procedure (Abwägung). The court found that the revision must be permitted to clarify whether and under what specific circumstances a total lack of the required balancing renders a zoning statute ineffective pursuant to Section 215 of the Building Code (BauGB), rather than being merely a procedural defect.