Wind energy mutual interference: obligation of consideration between competing installations and priority rule in mixed authorization proceedings

§ 132 Abs. 2 Nr. 1 VwGO, § 63 Abs. 1 Satz 1 GKG, § 47 Abs. 1 Satz 1, § 52 Abs. 1 und § 63 Abs. 1 Satz 1 GKG; Wind energy mutual interference: obligation of consideration between competing installations and priority rule in mixed authorization proceedings: The dispute concerns a planning and environmental law conflict between two wind energy installations that mutually interfere with each other through wind turbulence, specifically challenging the regulatory measures and the applic of the "consideration" (Rücksichtnahme) principle in this context. The court granted leave to appeal under § 132 Abs. 2 Nr. 1 VwGO, identifying a significant legal question regarding which installation must yield to the other and whether the principle of priority applies when one facility is subject to a prior authorization procedure while the other is undergoing a general licensing procedure. The decision also provisionally fixed the value in dispute for the appeal proceedings based on the relevant cost calculation provisions of the Courts' Fees and Costs Act.