Legal effect of traffic restrictions under § 45 Abs. 9 StVO blocking pre-existing heavy-goods traffic alongside toll-avoidance vehicles

The Federal Administrative Court (BVerwG) allowed the appellant's complaint and granted permission to file an appeal on points of law, finding that the case possesses fundamental significance for legal clarification. The dispute concerns the legality of a restriction or prohibition on flowing traffic, specifically examining the legal weight of a measure under § 45 Abs. 9 Satz 3 StVO that eliminates not only toll-avoidance traffic but also pre-existing heavy-goods traffic on a specific route. The decisive legal basis involves the interpretation of § 132 Abs. 2 Nr. 1 VwGO regarding fundamental significance and the substantive application of § 45 Abs. 9 StVO, building upon the precedent set by the BVerwG's judgment of March 13, 2008 (BVerwGE 130, 383), to further define the scope of permissible traffic restrictions.