Questão jurídica principal
Whether the Federal Administrative Court had to hold a public hearing under Art. 6 ECHR and Art. 40 VGG.
Decisão extraída
Yes. The appellants were directly affected as neighboring landowners and some as formally expropriated persons, so the dispute concerned civil rights and a requested public hearing could not be refused merely because the request was framed as an evidentiary motion.
Fundamentação extraída
The right to an oral public hearing applies where a planning measure directly affects ownership rights. The appellants clearly requested a 'complaint hearing with site inspection'. No valid waiver existed, and no special reasons justified dispensing with a hearing.