Questão jurídica principal
Whether the complaint against denial of leave to appeal has merit because the case raises a question of fundamental importance under § 132(2) No. 1 VwGO.
Decisão extraída
Yes. The legal question concerning the interpretation of § 16 EEWärmeG is of fundamental importance and must be clarified on appeal.
Fundamentação extraída
The court held that the revision proceedings are likely to require clarification of whether, beyond the federal legislature's assumption of the general suitability of compliant district heating for global climate protection, a municipal connection and use obligation additionally requires a local, concrete reduction of CO2 emissions within the ordinance area.