Kernrechtsfrage
Whether the refusal to order a neutral expert opinion violated the right to be heard
Extrahierter Entscheid
Yes. The earlier court failed to deal adequately with the updated Brakelmann report, which was decisive for the balancing of interests.
Extrahierte Begründung
Party expert reports cannot be dismissed merely because they come from a party. Brakelmann II addressed the technical objections in detail and could materially affect the outcome.