In its ruling of 12 May 2021 (Ref. 1 Bf 492/19), the Higher Administrative Court of Hamburg dismissed the appeal of more than 50 plaintiffs against the western expansion of the EUROGATE Container Terminal Hamburg (CTH).
The westward expansion of the terminal, for which planning approval was granted in 2016, provides for the construction of a quay wall with a total length of approx. 1,050 m and the creation of a future terminal area of approx. 38 ha. The planning approval also includes an enlargement of the existing turning circle from 480 m to 600 m in the future. The project will significantly improve the offer for large ships in the Port of Hamburg and at the same time increase the handling capacity.
The plaintiffs, who live on the opposite side of the Elbe in Övelgönne and on the Elbchaussee, objected to the expected immissions and argued that there was no need for the project. The Higher Administrative Court rejected the appeal: The demand forecast on which the planning approval decision was based was not legally objectionable. The treatment of immissions (noise and air pollutants) in the planning approval decision also did not contain any serious errors. The court did not allow an appeal to the Federal Administrative Court.
Representative Respondent (Free and Hanseatic City of Hamburg, Ministry of Economic Affairs and Innovation)
GÖRG Partnerschaft von Rechtsanwälten mbB
Kersten Wagner-Cardenal, Partner, Public Law
Prof. Dr. Ulrich Ramsauer, Of Counsel, Public Law
Dr. Henning Wendt, Associated Partner, Public Law
Dr. Marie Ackermann, LL.M. (Paris), Associated Partner, Public Law (all Hamburg)
Representative 1st Respondent (Hamburg Port Authority AöR)
WEISSLEDER EWER Rechtsanwälte Partnerschaft mbB
Prof. Dr. Wolfgang Ewer
Rainer Bökel (both Kiel)
Representative 2nd Respondent (Eurogate Container Terminal Hamburg GmbH)
ZENK Rechtsanwälte Partnerschaft mbB
Dr. Wolfgang Hopp
Dr. Ralf Hüting (both Hamburg)
Mohr Rechtsanwälte Partnerschaftsgesellschaft mbB
Jan Mittelstein, LL.M.
Elena Wurster (both Hamburg)