Liability of public authorities for compensation fund transfer amount after reclassification of property as administrative assets under § 10(1) No. 3 EntschG

The Federal Administrative Court granted the plaintiff's complaint, overturning the lower court's refusal and admitting the appeal on the grounds of the fundamental significance of the legal issue, thereby setting the stage for a review of the substantive dispute. The case concerns a challenge regarding the determination of the payor of the transfer amount (Abführungsbetrag) to the Compensation Fund, specifically addressing which public authority or administrative body is liable when the initial classification of a property as administrative assets was altered prior to the assessment of the transfer amount. The decision pivots on the interpretation of § 10(1) Sentence 1 No. 3 of the Federal Compensation Act (EntschG) in conjunction with Article 21 of the Transitional Provisions Act (EV), seeking to clarify the allocation of financial obligations between territorial public bodies in such circumstances.