Admissibility of appeal based on fundamental significance: whether an emission control exemption under § 15(2) Sentence 2 BImSchG can infringe third-party rights

The Federal Administrative Court permitted the appeal for review, granting the party's application to proceed on the basis of the fundamental significance of the legal issue. The dispute concerns whether an administrative declaration of exemption from permit requirements for modifications to existing installations under emission control law can infringe the rights of third parties and trigger a neighbor's right of defense. The court identified the central legal question to be resolved on appeal as the conditions under which such a statutory exemption, issued pursuant to Section 15(2) Sentence 2 of the Federal Immission Control Act (BImSchG), may violate the rights of a third party and consequently confer a right of defense.