Bavarian Administrative Court allows new construction of the Kampenwandbahn

The Kampenwandbahn in Chiemgau can be rebuilt. This was decided by the Bavarian Administrative Court (BayVGH), as a court spokesman announced. The lawsuit filed by the Federation for Nature Conservation (BN) against the project was largely dismissed. However, the ruling contains a restriction - and that concerns the critically endangered black grouse.

In the first instance lawsuit against the notice of change to the construction and operating permit for the new construction of the Kampenwand cable car issued in June 2022, the Munich Administrative Court decided in November 2023 that this approval from 2017 was not relevant and rather viewed the change permit from 2022 as a new permit. In this respect, the BN was largely successful with its complaint to the VG.

According to information, Kampenwandseilbahn GmbH lodged an appeal against this judgment, whereupon the BayVGH has now largely overturned this judgment. The judges largely did not share the objections raised by the BN regarding, among other things, nature and species protection as well as forest law.

Re-examination in favor of the black grouse

However, the protection of the strictly protected black grouse on the Kampenwand must be guaranteed, as the judgment shows. This means: If the change permit allows 79 special trips outside of regular operating hours per year to transport visitors to closed events on the Sonnenalm, the district office must decide again in a supplementary procedure. In this respect, the BN's lawsuit was successful, according to the court spokesman.

The decision does not make it sufficiently plausible that, given these special trips, the local black grouse population on the Kampenwand is adequately protected. The endangered black grouse must not be significantly disturbed during courtship, breeding and overwintering seasons.

Rail operator: huge relief

The operator accepted the decision with “enormous relief”. “It is therefore clear: the approval of the planned renovation building contains sufficient nature conservation provisions and can be pursued further,” said Eric Zbil. He described the restriction on night trips as a downer. However, the BayVGH neither questioned the special trips in principle or in terms of numbers nor did it demand a general ban on night trips.

The operators referred to the long process time: the first construction and operating permit was issued in 2017 and should have been implemented in 2018. “The verdict is now a big step towards legal certainty. “But we can’t bring back the past years,” said Zbil.

BN is pleased with partial success

In a statement, the BN spoke of an important partial success for species protection on the Kampenwand. The BayVGH confirms “our criticism that the protection of black grouse was not sufficiently taken into account during night trips. Black grouse are highly sensitive animals and their population is at risk. “It is gratifying that the court has decided here in the spirit of species protection,” said BN chairman Martin Geilhufe.

The conservationists were positive about the fact that the judges did not generally accept the argument that the animals had become accustomed to the night trips that already take place regularly. “I really hope that the night trips will finally come to an end,” said the chairman of the BN Rosenheim district group, Rainer Auer. «The Alps are a sensitive natural area and not an event arena. At least there should be peace at night!”

An appeal against the judgment can be lodged with the Federal Administrative Court.