Kernrechtsfrage
Whether the complaint could seek an exceptional permit despite no prior application
Extrahierter Entscheid
No. The appellant had not applied for an exceptional permit, and the issue was therefore outside the dispute before the Court.
Extrahierte Begründung
A party cannot expand the dispute before the Federal Supreme Court with a new request; the appellant himself had caused the omission of exceptional-permit review by not requesting it earlier.