Urgent application against the reconstruction of the Scheidtobel cable car at Fellhorn partially successful

The Administrative Court of Augsburg, in its decision of July 1, 2026 (Au 6 S 26.994), partially granted an urgent application by the Bavarian State Association for Bird and Nature Conservation against a permit granted to Fellhornbahn GmbH for the construction of a cable car with the adaptation of an adjacent ski slope.

The disputed building and operating permit concerns the reconstruction of the Scheidtobel cable car and a further permit regarding slope construction work on the so-called Upper Family Run in the Fellhorn cable car area. Initially, Fellhorn GmbH was granted a building and operating permit in which the responsible authority declared the permit for the Scheidtobel cable car immediately applicable, thus allowing Fellhorn GmbH to begin construction work.

The responsible 6th Chamber, in preliminary injunction proceedings, concluded that the suspensive effect of the lawsuit against the construction and operating permit should be reinstated, thus temporarily halting further construction of the cable car. The decisive factor was that, according to the legal situation as amended by the Third Bavarian Modernization Act, an environmental impact assessment was not required for the cable car's permit and, consequently, was not carried out. Whether this change in the legal situation is compatible with European law and the case law of the European Court of Justice (ECJ) is a legal question that, due to its scope and complexity, could not be answered in preliminary injunction proceedings, which aim to quickly secure the status quo and, in particular, not to definitively resolve legal uncertainties, but only in subsequent legal proceedings. Therefore, the Chamber's initial assessment of the consequences and its decision favored the Bavarian State Association for Bird and Nature Conservation and resulted in a temporary halt to the cable car's construction. However, no final statement was made regarding the compatibility of the change in legislation with the requirements of European law and the legality of the cable car's approval, and this remained open.

The Chamber found that the planned slope construction measures for the so-called Upper Family Slope, which were also covered by the building and operating permit, do not conflict with any soil or nature conservation interests. Therefore, the application to reinstate the suspensive effect ("construction stop") for these measures was rejected. The measures do not violate the Soil Protection Protocol of the Alpine Convention, nor do they contravene the provisions of habitat, species, or landscape protection. Furthermore, the requirements of the Allgäu Regional Plan and spatial planning regulations were observed. The Higher Nature Conservation Authority (Government of Swabia) granted the additional special species protection exemption required after the building permit was issued; no appeal was filed against this decision.

An appeal against the preliminary injunction (Au 6 S 26.994) may be lodged with the Bavarian Administrative Court of Appeal within two weeks. A further application for preliminary injunction against the separately issued building permit for further slope construction measures at the so-called Bierenwang descent towards the Walsergund descent and in the Scheidtobel was already rejected by the Administrative Court in a decision dated June 8, 2026.