Questão jurídica principal
Whether the concession had to include binding sediment-transport measures already at the concession stage
Decisão extraída
No. Under the two-stage procedure, the concession could defer the concrete choice of sediment measures to the later building-permit stage, provided the essential questions would then be decided in time.
Fundamentação extraída
The court held that the case required coordination with downstream works and German authorities; variant 2/3 needed further studies, whereas the simpler variant 1 could be implemented with limited investigation. Given the existing old concession and the fact that only the terms of the new concession were at issue, delaying the new concession would bring no practical benefit.