Felix Weyreuther

Felix Weyreuther (born August 6, 1928 in Hamburg ; † September 19, 1997 ) was a judge at the Federal Administrative Court .

Life

Born in Hamburg and raised, studied there Weyreuther law . In 1956 he passed the first state examination in law. He began his legal career as a district judge , but soon (1961) switched from ordinary to administrative jurisdiction . When he was not quite 33 he became a judge at the Lüneburg Higher Administrative Court . And shortly afterwards, not even 38 years old, he became a judge at the Federal Administrative Court in 1966. Already at the OVG Lüneburg he was particularly interested in building law . At the Federal Administrative Court, he then took the position in the 4th Senate, which was vacated by Werner Böhmer's appeal to the Federal Constitutional Court , which was responsible in particular for building law. There he had a significant influence on the development of public building law. With a judgment of December 12, 1969 (BVerwGE 34, 301), he set the course for the structure of the balancing requirement for land use planning . He also coined the now controversial term of the modifying condition with regard to the ancillary provisions of a building permit.

He was a member of the 4th Senate until he was appointed presiding judge in 1980. He then headed the 8th Senate, which was primarily responsible for tax and housing law. Since 1968 he has been a lecturer and from 1971 honorary professor at the TU Berlin .

Works (excerpt)

About "building conditions" DVBl . 1969, 232-237.
Building outdoors , Cologne a. a. 1979, ISBN 3-452-18582-6
The situation-relatedness of real estate , Cologne, u. a. 1983, ISBN 3-452-19575-9

literature

Hans-Joachim Driehaus and Hans-Jörg Birk (eds.): Construction Law - Current - Festschrift for Felix Weyreuther , Carl Heymanns Verlag , Cologne a. a., 1993, ISBN 3-452-22582-8
Konrad Redeker : Judges Personalities - Memories of a Lawyer , in: Festgabe 50 Jahre Bundesverwaltungsgericht, ed. by Eberhard Schmidt-Aßmann u. a., Carl Heymanns Verlag , Cologne a. a. 2003, ISBN 3-452-24052-5

Individual evidence

↑ Weyreuther, Deutsches Verwaltungsblatt 1969, p. 295 ff.
↑ Weyreuther, Deutsches Verwaltungsblatt 1984, p. 365 ff.
↑ Hartmut Maurer , for example, expresses his disapproval : “In the literature, the modifying edition initially received a lot of attention, but has now been rejected almost entirely. Even the Federal Administrative Court did not expressly distance itself, but in the matter. […] In order to avoid misunderstandings, this term should be abandoned entirely. ”(Hartmut Maurer, General Administrative Law , CH Beck, 18th edition, 2011, § 12 Paragraph 16.)

personal data
SURNAME	Weyreuther, Felix
BRIEF DESCRIPTION	German lawyer, judge at the Federal Administrative Court
DATE OF BIRTH	August 6, 1928
PLACE OF BIRTH	Hamburg
DATE OF DEATH	September 19, 1997

[1] Weyreuther, Deutsches Verwaltungsblatt 1969, p. 295 ff.

[2] Weyreuther, Deutsches Verwaltungsblatt 1984, p. 365 ff.

[3] Hartmut Maurer , for example, expresses his disapproval : “In the literature, the modifying edition initially received a lot of attention, but has now been rejected almost entirely. Even the Federal Administrative Court did not expressly distance itself, but in the matter. […] In order to avoid misunderstandings, this term should be abandoned entirely. ”(Hartmut Maurer, General Administrative Law , CH Beck, 18th edition, 2011, § 12 Paragraph 16.)