05-11-2010

B 265 at Weiler in der Ebene: Heavy Goods Vehicle Traffic Ban Repealed




Heuking Kühn Lüer Wojtek Represents Petitioner

By order dated April 23, 2010, Aachen Administrative Court temporarily suspended Euskirchen county's ban for trucks exceeding 7.5 tons gross load weight to pass through B 265 in Zülpich's district Weiler in der Ebene between the hours of 6:00 a.m. to 10:00 p.m. (Aachen Administrative Court docket no.: 2 L 114/10).

The court held that Euskirchen county is not allowed to take any traffic control measures outside of its territorial jurisdiction and to put up street signs. In addition, the court pointed out other shortcomings of the measure.

Since March 1, 2010, appropriate road signs at Weiler in der Ebene had prohibited driving on B 265 for heavy goods vehicle traffic exceeding 7.5 tons. Euskirchen road traffic authorities reacted to the decision without delay and had the ban signs covered up, thus rendering them void.

The decision was issued based on the motion for an injunction filed by a company represented by Heuking Kühn Lüer Wojtek which operates the mining of gravel and sand with processing and distribution, a building rubble recycling plant and a mineral waste disposal site in Erftstadt. Because of the traffic ban, the company was forced to drive longer ways and thus to incur higher transport costs and economic losses.

The order is not yet legally effective. Within two weeks, an appeal may be filed against the order. The Higher Administrative court for the state of North-Rhine Westphalia in Munster would decide on such an appeal.

Counsel to the petitioner was provided by  Dr. Markus Collisy (Heuking Kühn Lüer Wojtek, Frankfurt).

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