Kernrechtsfrage
Whether the withdrawal of the precarious public-domain authorization and order to remove the pier was lawful under federal nature-protection law.
Extrahierter Entscheid
The lower court’s reasoning was insufficient because it lacked concrete findings on the biotope and on the actual impact of the pier; the matter had to be sent back for a new decision.
Extrahierte Begründung
Protection of an alluvial biotope of national importance may justify restrictions, but the necessity of removing an existing installation requires at least summary findings on the site’s characteristics and the risks caused by the installation. The record did not sufficiently describe the reed bed, the protected area, or the pier’s use and effects.