Federal Constitutional Court (Committee on Preliminary Proceedings). Decision of October 4, 1982 (Grohnde)

The challenge of the constitutionality of an administrative decision taken in accordance with section 80, sub-section (5) of the rules of administrative courts, concerning the planned Grohnde nuclear power plant, was decided to be inadmissible by the Federal Constitutional Court (Committee on Preliminary Proceedings) and thus not accepted for judgement. The action had been brought in by the town of Hameln. The Court presented a statement concerning the subsidiarity of challenges of constitutionality, i.e. on the use of all rights of appeal against decisions, taken by Higher Administrative Courts concerning stay of proceedings. (HP)