Questione giuridica chiave
Whether spreading slurry on the date and in the weather conditions found created a concrete danger of water contamination.
Decisione estratta
Yes. By spreading slurry despite very low temperatures and frozen or freezing ground, the appellant created a concrete risk that nutrients would be washed out and reach groundwater.
Motivazione estratta
For Art. 70(1)(a) GSchG a concrete risk is required, not merely an abstract one. Given the prolonged sub-zero temperatures and the plants' inability to absorb nutrients, the likelihood of leaching was sufficiently high.