Key legal question
Whether revision should be allowed because the appellate judgment departed from the Federal Administrative Court’s settled case law on the prerequisites of a preliminary order under Section 36(1) sentence 1 FlurbG.
Extracted holding
Yes. The complaint was admissible and well founded; revision had to be allowed due to divergence.
Extracted reasoning
The challenged judgment deviated from the court’s established case law on the requirements for a preliminary order under Section 36(1) sentence 1 FlurbG, satisfying Section 132(2) No. 2 VwGO.