최근 독일 행정판례의 동향과 분석 - 지속가능성 확보를 위한 대규모 인프라 건축 프로젝트의 신속한 실현 목적의 최근 독일 행정법원법 개정과 이에 대한 연방행정법원의 판단을 중심으로 -

Germany had consistently implemented policies to phase out nuclear and coal power, alongside expanding renewable energy. However, the outbreak and prolonged nature of the war between Ukraine and Russia has made it difficult to import sufficient natural gas from Russia to supply the entire country with energy. To address this situation, German legislators determined that large-scale infrastructure construction projects of significant public interest, which are crucial for ensuring a sustainable and sufficient energy supply, must be carried out swiftly. In this context, amendments to the Administrative Court Act were enacted. This is because delays in administrative litigation could disrupt the progress of such projects, thereby hindering the swift implementation of regulatory relaxations aimed at achieving their objectives. In particular, if the execution of an administrative act relating to a large-scale infrastructure construction project is suspended due to a cancellation lawsuit against that act, it becomes difficult to make swift progress on the project. Therefore, the German legislature introduced a special provision on the suspensive effect of cancellation lawsuits regarding administrative acts related to large-scale infrastructure construction projects in Section 80c of the German Code of Administrative Court Procedure. This paper examines the first case heard by the Federal Administrative Court in which Paragraph 80c, introduced through the amendment to the German Code of Administrative Court Procedure, was applied directly. The main provisions of Paragrapf 80c of the German Code of Administrative Court Procedure are then analysed to explore how recent social demands in Germany are reflected in administrative litigation, and how the Federal Administrative Court applies these provisions. This provides a glimpse into the current landscape.