Key legal question
Whether the complaint should be granted because the appellate judgment diverged from Federal Administrative Court case law under § 132(2) no. 2 VwGO.
Extracted holding
Yes. The complaint was admissible and well-founded; revision had to be admitted due to post hoc divergence.
Extracted reasoning
A later BVerwG judgment required municipalities, when publishing the notice of public participation, to group environmental topics from the available comments and documents by subject blocks and characterize them in catchword form. A general reference to the environmental report is insufficient. The appellate court attributed a different rule, according to which an overall reference to the environmental report and broadly environmental statements could suffice depending on the circumstances.