Suitability of Construction Noise Ordinance intervention values for defining outdoor noise tolerance limits for commercial premises

The Federal Administrative Court (BVerwG) granted the defendant's complaint, reversed the lower court's denial of appellate review, and authorized the defendant to file an appeal on the ground of fundamental legal significance. The dispute centers on whether specific noise intervention values from the Construction Noise Ordinance (AVV-Baulärm) are suitable for determining the threshold of unreasonableness (Zumutbarkeitsgrenze) for noise in the outdoor contact areas of retail premises, challenging a protection claim filed under administrative and environmental law. The court relied on § 132 Abs. 2 Nr. 1 VwGO to admit the appeal, identifying the unresolved question of applying these construction noise standards to commercial outdoor zones under § 74 Abs. 2 Satz 2 VwVfG in conjunction with § 22 Abs. 1 Satz 1 BImSchG as a matter of fundamental legal significance.