Questão jurídica principal
Whether the municipality was entitled to appeal the planning approval decision.
Decisão extraída
The municipality was not sufficiently affected by the expected rail traffic increase to have standing.
Fundamentação extraída
Standing under Art. 48 VwVG and Art. 89 BGG requires special affectedness and a protected interest. For municipalities asserting sovereign interests, the court must summarily assess the concrete expected emissions. Here the projected increase in train traffic and noise was too small to be noticeably perceptible in the municipality.