Foreseeability of future road network developments in traffic forecasts for road planning

The Federal Administrative Court ordered the admission of an appeal on points of law, ruling that the defendant’s complaint against the lower court’s partial grant of relief was both admissible and well-founded; consequently, the appeal will proceed to the Federal Administrative Court to clarify the legal standard for when future developments in the road network are foreseeable and must be considered in traffic forecasts for planned roads. The dispute concerned a legal challenge to a road planning decision, specifically the assessment of traffic prognoses in the context of infrastructure development. The decision is grounded in § 132 Abs. 2 Nr. 1 of the Administrative Court Code (VwGO), which mandates the admission of an appeal where the case involves a question of fundamental legal significance, and the preliminary determination of the amount in dispute follows §§ 47, 52, and 63 of the Court Costs Act (GKG).