Behördliche Normverwerfung und deren haftungsrechtliche Folgen

The scope of the authorities' non-application powers has long been in dispute. The relevant questions of constitutional and administrative law have not lost any of their topicality, for example when a decision has to be made on a site for a wind energy plant outside existing concentration zones. This question of the competence to reject development plans is also relevant in terms of liability law. In this respect, Part 1 of the study first examines the legal nature of municipal concentration zones for wind energy and then, in Part 2, explores the central issues surrounding the competence to reject faulty planning. Part 3 completes the study with regard to the implications of liability law.