Questão jurídica principal
Which municipal authority is entitled to represent the municipality in building-permit appeals under § 12(1) sentence 2 VRG?
Decisão extraída
In municipalities that have not designated the municipal council as the first appellate instance in building matters, the building commission may file an appeal in the municipality's name.
Fundamentação extraída
The building commission is the highest municipal authority for building-permit matters and the executing body on that field; deciding whether to appeal against an amended departmental decision belongs to execution. Requiring a prior proposal to the council would create unnecessary practical complications. The result stands unless the municipality's law expressly provides another rule.