The state capital of Stuttgart will not pursue the municipal constitutional complaint regarding the General Railway Act (AEG). This was decided by the municipal council on Wednesday, December 3, 2025. The reason for this is an amendment to the law at federal level, which makes urban development possible.
In December 2024, the state capital of Stuttgart had lodged an appeal with the Federal Constitutional Court because it considered the new version of Section 23 AEG to be incompatible with the Basic Law. The law would have blocked the construction of around 5,700 apartments for over 10,000 people and made the Stuttgart Rosenstein urban development project impossible. The amendment to Section 23 AEG in 2023 would also have made it more difficult to build apartments in other municipalities.
Federal legislator creates clarity for municipal development projects
The federal legislator subsequently revised the provisions of Section 23 AEG again in July 2025. The exemption of former track areas for municipal development projects - especially for housing - is now once again provided for. The state capital of Stuttgart welcomes this clarification, which secures municipal planning and design options.
The amendment to the law removes the reason for the complaints procedure. The municipal council's decision means that the Federal Constitutional Court can now discontinue the proceedings.
