Ministererlaubnis und subjektiver Drittschutz

Third party protection against a ministerial permission is alive. This thesis essentially addresses the question of whether third parties can invoke subjective rights to challenge a ministerial permission within the admissibility of an action. Contrary to the prevailing view and the (presumed) intention of the legislator, it substantiates the existence of subjective rights and thereby distinguishes the "original" third party protection arising solely in the ministerial procedure from the "derivative" third party protection arising in the Federal Cartel Office procedure and continuing to have effect in the ministerial procedure. Finally, it qualitatively and quantitatively sharpens the scope of protection of subjective third party protection.