Berlin, 8 July 2026. The Federal Administrative Court today dismissed an action brought by an environmental organisation against a planning approval decision issued by the Lower Saxony Land Authority for Road Construction and Transport (NLStBV) for the 7th construction section of the A 39 motorway (Federal Administrative Court 9 A 15.24). The 14.2 km section is the southernmost section of a new 105 km stretch between Lüneburg and Wolfsburg, which, when completed, will be one of the most important motorway projects in Germany.
In a ruling handed down in 2019, the Federal Administrative Court had initially held approval for the project to be unlawful and unenforceable. Following a revision of the planning by the project developer, the federal government’s Autobahn GmbH, the NLStBV re‑approved the planning in June 2024 following a complex and involved ancillary procedure. According to today’s ruling by the Federal Administrative Court, the ancillary planning decision is in line with all legal requirements. The claimant’s objections, which primarily revolved around law governing habitat protection and water management law, were rejected.
The planning approval authority against whom the action was brought has been advised by its counsel Redeker Sellner Dahs in remedial proceedings and in court proceedings since 2020. Redeker partners Dr Frank Fellenberg, LL.M. (Cambridge), and Kathrin Dingemann from the firm’s Berlin office were in charge of the case. Together with their team, they advise licensing authorities and project developers nationwide on numerous large‑scale projects, primarily in the transport and energy sectors. Most recently, they prevailed with their client, the German Federal Highway Authority, in additional proceedings before the Federal Administrative Court concerning the Halle Western Bypass (A 143) (Federal Administrative Court 9 A 21.24 – judgement of 6 May 2026).
