LBV and Fellhornbahn reach an agreement in the legal dispute over the Scheidtobelbahn.

The Bavarian Nature Conservation Association (LBV) and Fellhornbahn GmbH have reached an out-of-court settlement in their legal dispute concerning the planned construction of the Scheidtobel cable car. The settlement includes the implementation of additional, legally binding species protection measures. In light of this, the LBV is concluding the pending legal proceedings.

“The agreement does not mean that the LBV (Bavarian Society for the Protection of Birds) retrospectively approves all interventions. Our fundamental technical concerns are justified. The settlement improves the protection of affected species compared to the previously approved status. Therefore, we welcome the fact that, together with the railway operators, it has been possible to establish additional protective measures for particularly endangered species such as the black grouse, alpine hawker dragonfly, citril finch, and wood mouse at Fellhorn. This was made possible thanks to constructive discussions with all parties involved in the process. The trusting talks between Fellhornbahn GmbH and the LBV, accompanied by District Administrator Christian Wilhelm, contributed to finding a solution that is acceptable to both sides,” emphasizes LBV Managing Director Helmut Beran.

Dr. Andreas Gapp, Managing Director of OK Bergbahnen, explains the settlement for the cable car company as follows: “With this agreement, we are taking on additional obligations that go far beyond what was approved and will incur additional costs. On the other hand, we are ending a dispute that would have prevented the completion of construction work, at least for this season. Overall, this solution benefits both the region and nature conservation. We see the even earlier involvement of nature conservation associations in future projects not as a concession, but as a logical next step in the development of our collaborative approach.”

A good sign for the way things are handled in the Oberallgäu region.

District Administrator Christian Wilhelm, who oversaw the agreement process, assesses the outcome as follows: “Both sides had reasons for their positions. It was therefore all the more important to find a solution that benefits nature conservation while simultaneously creating planning certainty for a project on which hundreds of jobs in the region depend. The fact that this agreement was reached without appeals sends a positive signal for interpersonal relations in the Oberallgäu region – far beyond this specific case.”

Retreats for the black grouse, habitats for the alpine mosaic dragonfly

At the heart of the agreement are additional, legally binding species protection measures by Fellhornbahn GmbH. Approximately 2.4 hectares below the mid-station, between the Heubichel slope and the Haushang, will be taken out of winter sports use and secured as a refuge for the black grouse through closures and active visitor management. Five years of monitoring by the StilleNATUR office, accompanied by a joint working group with the LBV (Bavarian Society for the Protection of Birds), will provide the scientific basis for also improving the species' summer habitats.

For the Alpine Hawker dragonfly – a species listed in Red List Category 1 – a project plan is being developed based on an existing species conservation program. This plan is to be implemented over five years and evaluated from the third year onwards. Furthermore, Fellhornbahn GmbH supports an INTERREG project for the protection of rare alpine species such as the Citril Finch and the Forest Birch Mouse (ZiWACo) in the Bavarian-Tyrolean border region, including the creation of watering holes and the enhancement of existing compensation areas.

For Helmut Beran, Managing Director of the LBV (Bavarian Society for the Protection of Birds), the value of the settlement lies in its concreteness: “We filed suit because we felt the species protection issues had not been adequately addressed. The settlement enables concrete and timely improvements for species protection, the implementation of which the LBV can provide expert support. There are specific areas designated, reliable monitoring, and a working group in which we will also provide ongoing expert support for the implementation. Early involvement can reduce conflicts, but it does not replace the expert and legal review of a project.”

The agreement provides clarity for further proceedings.

Against this backdrop, the LBV (State Road Construction Authority) is withdrawing its appeals. The existing permits will therefore become legally binding. Johannes Krieg, Managing Director of Fellhornbahn GmbH, commented on the operational significance: “It was crucial for us to have clarity. Despite the delays, we can now complete the construction work. This secures operations for the coming winter. This is important not only for us, but for the entire region and the local tourism industry. The Fellhorn is a central component of the winter sports offerings, on which not only guests, but also ski schools, restaurants, and accommodation providers depend.”