Kernrechtsfrage
Whether the government could revoke the declaratory decision stating that the easements were not subject to BGBB approval.
Extrahierter Entscheid
The declaratory decision could not be revoked on the facts of the case; neither false procurement under Art. 71(1) BGBB nor sufficiently weighty public interests justified revocation.
Extrahierte Begründung
A non-subject-to-approval declaration has effects comparable to a permit, but revocation remains exceptional. The decision was not shown to have been obtained by false statements, and a mere legal error is insufficient. The trust interest created by the decision outweighed the interest in correcting the legal assessment.