Questão jurídica principal
Whether the appellants could demand real replacement in the compensation proceedings on the basis of Art. 10 EntG
Decisão extraída
No. A request under Art. 10 EntG had to be pursued in the objection proceedings before the competent authority, not before the expropriation compensation commission.
Fundamentação extraída
Art. 10 EntG governs limits on expropriation and must be raised in the expropriation objection procedure. The compensation commission may only decide whether, after any protective measures, damage remains compensable.