Kernrechtsfrage
Whether the new federal water-protection and watercourse-space rules apply to the pending building-permit case
Extrahierter Entscheid
Yes. The amended Gewässerschutzrecht had to be applied immediately to the pending appeal because it serves important public interests and the transitional rules were intended to prevent new constructions in the protected strip.
Extrahierte Begründung
The court held that, despite the usual rule of deciding under the law in force at the permit date, immediate application is justified for water, nature and environmental protection norms. The appeal judgment was rendered after the amendments entered into force, and the new rules apply to pending proceedings.