Key legal question
Whether the increased tariff and EURO-3 reclassification under the heavy vehicle tax ordinance violated the cost-coverage principle for 2009.
Extracted holding
The ordinance-based tariff increase and reclassification remained lawful; the Federal Administrative Court's contrary cost-saliency model was incompatible with the statutory and case-law approach.
Extracted reasoning
The court held that external costs attributable to heavy traffic include congestion time costs and must be allocated asymmetrically to heavy traffic only. The comparison is with a hypothetical state without heavy traffic, not with a mixed stochastic model that nets out costs caused by other traffic.