Questão jurídica principal
Whether the paid levy had to be refunded after the legal basis later fell away and was annulled in related proceedings.
Decisão extraída
Yes. The repayment reservation in the building permit covered the judicial annulment of the planning-zone basis, so the levy had to be refunded with interest.
Fundamentação extraída
The Court held that unjustified public-law payments are generally refundable, but a final order is not reopened merely because later case law shows it was wrong. Here, however, the building permit itself contained a refund clause. In good faith, that clause had to be understood as covering the situation where the planning zone and the levy basis were judicially invalidated. The municipality could not rely on a narrower reading.