Questão jurídica principal
Whether objections based on building, planning, environmental, and private-law nuisance rules could be reviewed in the night-local permit appeal.
Decisão extraída
No. Those objections concern building, planning, environmental, and private-law enforcement, which falls to the local building authorities and, on civil action, the civil courts.
Fundamentação extraída
The new Economic Act no longer contains those subject-matters; the trade and commercial police only enforce the Economic Act. The challenged permit procedure could therefore only address gastwirtschaft law issues.