Municipal election review: Admissibility of asserting election legality versus unlawfulness under the constitutional principle of equal opportunity for political parties.

The Federal Administrative Court allowed the appeal against the non-admission of revision, granting the plaintiff standing to proceed to the appellate court and resolving in their favor. The dispute arose in a municipal election review procedure where the plaintiff, a political party, challenged the legality of local election results, but the lower court refused to admit the revision case. The decisive legal basis was § 132 Abs. 2 Nr. 1 VwGO, under which the court found the case possessed fundamental significance because it raised the unresolved question of whether the constitutional principle of equal opportunity for political parties (Art. 21 Abs. 1 Satz 1, Art. 28 Abs. 1 Satz 1 und 2 GG) prohibits a state's municipal election law from restricting a party's ability to assert the legality of an election, as opposed to merely its unlawfulness, in a judicial review.