Achievement

GUBER | PUBLIC LAW

2014
obtained in accelerated proceedings in administrative court the Government of Upper Bavaria’s consent to an early start of construction of a new building for a private grammar school (Gymnasium) as well as the annulment of an administrative act rejecting any government grant for aforesaid new building

2014 achieved for a property owner the restriction of traffic to only pedestrians and bicyclists on a road passing her estate which was to be opened for all traffic by the municipality

2013 contributed to four sites originally envisaged for wind energy plants to be removed from the draft for the planning of land use by writing a statement concerning planning law for a local citizen’s group

2013 achieved a legally binding decision obliging the Free State of Bavaria to confer on a private specialized secondary school (Fachoberschule) the quality of a state-approved alternative school (BayVGH, order of the court of 24. 05. 2013 – 7 ZB 12.2733 – juris; preceded by VG München, judgement of 06. 11. 2012 – M 3 K 12.3666 – juris), after the accelerated proceedings already having resulted in a temporary conferment of that quality

2012 achieved before the ECtHR a conviction of the Federal Republic of Germany because of a violation of the ECHR arising from the disregard of the right to refuse to testify by German courts (judgment of the European Court of Human Rights on 19th July 2012 - No. 26171/07)

2012 prevented that the census 2011 referred to a property owner for the count of buildings and apartments

2011 achieved that the Supreme Constitutional Court to set aside the judgment of 26th January 2011 (Az. 8 C 46.09), in which the German Federal Administrative Court approved an age limit for publicly appointed and sworn experts (decision of the Supreme Constitutional Court of 24th October 2011 1 BvR 1103/11 = NVwZ 2012, 297 – 300 = EuGRZ 2011, 713 – 716 = GewArch 2012, 23 – 24 = NZA 2012, 202 – 205 = NJW 2012, 518 (red. Ls.) = BauR 2012, 302 (red. Ls.) = IBR 2011, 732 (red. Ls., Kurzwiedergabe)

2011 achieved a compensation payment by the city of Geretsried for a land tenant who had to give up a use in a water protection area, through out-of-court negotiations and involvement in various procedures, which the city initially denied for many years

2010 achieved out-of-court that the ministry of foreign affairs removed an official evaluation of a civil servant in the higher grade of the civil service from his personnel file

2009 arranged in out-of-court negotiations with the City of Munich the timely implementation of a major construction project (including by annulment of certain official notifications which ordered to stop the construction works and by granting of initially rejected permits of authorities which supervise the traffic, etc.)

2009 achieved that the Munich administrative court annulled an administrative final determination of pension benefits, which had the effect that authorities can´t take a reduction of the pension of the plaintiff into consideration any more

2008 achieved before the Munich administrative court the annulment of an order of the regional capital Munich which was legally diverted from its intended use

2008 achieved before the Social Security Court Landshut that the working group of the association of the care fund in Bavaria had to conclude a supply contract with a care service company

2008 contributed, advising the involved parties in planning law and constitutional law, that the city of Munich had to delete an easement, dated 1928 and constraining the building process, in the land register (OLG MittBayNot 2008, 380 - RNotZ 197 = - 381 = Rpfleger 2008, 480-482 = FGPrax 2008, 196 2008, 547 - 549)

2007 prevented at the Supreme Constitutional Court that the district court Fürstenfeldbruck and the highest Bavarian regional court restrict the freedom of expression by means of the Act of Legal Advice [(BVerfGK 10, 312 - 318 = EuGRZ 2007, 490 - 492 = NJW 2007, 2391 - 2393 = DVP 2009, 41 - 44 = BRAK mid-2007, 165 (red. Ls.) = JuS 2008, 71 -. 73 (red. Ls.)]

2006 achieved that the higher regional court Bamberg acquitted his client, who was convicted of unlawful legal advice by the district court Fürstenfeldbruck

2006 achieved on behalf of a project promoter in negotiations with the authority which is responsible for the proceedings for official approval of a plan for a public works projects that obligations, resulting in a disadvantage, of an administrative final water regulations ruling as to plan for a public works project were annulled

2005 achieved on behalf of a plant operator in negotiations that the licensing authority put aside the threatened closure of a handling facility for not particularly supervision required waste

2004 fend off disciplinary proceedings against an officer who was threatened with the removal from the civil service

2004 enforced a compensation payment because disturbance by aircraft noise

2002 achieved for a citizens' initiative that the minimum temperature in the exhaust gas of a heating plant during the combustion of heavy fuel oil was set to 160 ° C instead (as ordered in the official notice), to only 72 ° C.

2002 achieved in court that his client got a university place in human medicine.

2000 achieved that the Bavarian superior administrative court declared a waste charge statute void (BayVBl 2000, 591 et seq.)

1999 enforced on behalf of a citizens' initiative the removal of 50,000 cubic meters of contaminated soil

1998 enforced before the Supreme Constitutional Court a federal law regulation that provides for better payment of prisoners´ labour (BVerfGE 98, 169 et seq.)

1996 achieved that the Bavarian superior administrative court declared a waste charge statute void (BayVBl 1997, 16 et seq.)

1993, 1995 and 1998 achieved on behalf of widely recognised nature conservation organisation, various citizens' initiatives and persons concerned that in administrative proceedings various rulings as to plan for a public works project were annulled

1991 achieved that the Bavarian superior administrative court for the first time ruled that also in Bavaria it is possible to enforce the right to participate of recognised nature conservation organisations during proceedings for official approval of a plan for a public works project (NVwZ 1991, 1009)

1991 achieved before the Bavarian superior administrative court that authorised representatives of a public initiative in Bavaria can claim a breach of the prohibition of manipulation during a referendum (NVwZ 1991, 699 et seq.)