Questione giuridica chiave
Whether objections to the after-acquired clearance servitude had to be decided in the expropriation procedure by the competent department or in the planning approval procedure by the electrical inspectorate.
Decisione estratta
Because the line itself was not being changed but additional rights were sought after the original project, the matter belonged in the expropriation route; however, where changed circumstances require safety measures, planning approval by the electrical inspectorate is also required.
Motivazione estratta
The Court distinguished between later acquisition of further rights for an unchanged existing installation, governed exclusively by the Expropriation Act, and modifications or safety-related measures necessitated by changed circumstances, which fall under the planning approval regime. Here, the trees had grown in a way that endangered the line, so Art. 15 VPeA required submission of the measures to the inspectorate for approval.