Permitting revision to clarify admissibility requirements for joinder appeals under § 127 Abs. 2 VwGO

The Federal Administrative Court (BVerwG 10th Senate) permitted the defendant's appeal for revision on grounds of fundamental legal significance, overturning the lower court's rejection of the defendant's admissible objection. The dispute concerned the procedural admissibility of a joinder appeal (Anschlussberufung) filed by the defendant in an administrative case, specifically whether the requirements under § 127 Abs. 2 VwGO for such a remedy were met. The court's decision is based on § 132 Abs. 2 Nr. 1 VwGO, which allows the grant of revision when the case addresses the substantive legal prerequisites for the admissibility of a joinder appeal under § 127 Abs. 2 VwGO, thereby necessitating further clarification of these procedural norms by the supreme administrative court.