Bonn, 19 November 2025. The Federal Administrative Court has dismissed an action by BUND (a prominent German environmental and nature‑conservation NGO) against a planning approval decision for construction of a new section on the A1 between the Kelberg and Adenau junctions. This means that the first section to close the gap on the A1 can now be built. This is another step forward in establishing the key north‑south motorway link from the Baltic Sea to the French border near Saarbrücken.
The Court Panel did not base its decision on the long‑standing controversial question of whether the planning approval authority is also able to grant exemptions from prohibitions laid down in the EU Birds Directive for “compelling reasons of overriding public interest”. Instead, the High Court held that closing of the gap could already be granted exemption on exceptional grounds of public safety.
In the opinion of the Court, the decisive factor was that the project is classified as a “high‑priority” project under the Federal Transport Infrastructure Plan adopted by the German Bundestag and, at the same time, is part of the trans‑European transport network to be expanded and completed by 2050 at the latest in accordance with EU Regulation 2024/1679. This Regulation explicitly mentions the closure of gaps in links and connections as a crucial objective. In addition, as the Court Panel emphasised, the entire trans‑European transport network also serves national defence. A referral to the European Court of Justice was therefore not deemed to be necessary.
In its ruling, the Court Panel signalled that it tends toward recognition of the exception of overriding public interest within the scope of the Birds Directive.
Autobahn GmbH des Bundes (the federally owned company managing Germany’s motorway network) was represented by Redeker Sellner Dahs. The proceedings were conducted by Prof Dr Alexander Schink, Dr Dominik Snjka and Carolina Weigel.
