MUNSTER (dpa-AFX) - Following an urgent decision by the Aachen Administrative Court on the legality of a ban on the stay of climate activists in Lützerath, it is now the turn of the Higher Administrative Court for the state of North Rhine-Westphalia. An appeal against the decision from Aachen was received by the OVG in Münster on Thursday evening, a spokeswoman told dpa on Friday. On Friday afternoon, the necessary justification of the lawyer followed. The OVG will not decide on the appeal before Monday (Jan. 9), spokeswoman Gudrun Dahme told the Deutsche Presse-Agentur.

In urgent cases, the OVG does not generally decide on the merits, but only on the reasons for the rejection in the lower court. The filed appeal to the decision from Aachen has no suspensive effect, explains the OVG. The residence ban and the decision of the administrative court are thus to be followed.

On Thursday, the administrative court had classified the residence ban imposed by the district of Heinsberg as "presumably lawful" and rejected the urgent appeal of the climate activists. The entry of Lützerath could not be justified with reference to civil disobedience as a result of a climate emergency. The legal basis was police and regulatory law.

RWE wants to demolish Lützerath, which belongs to Erkelenz, in order to mine the coal underneath. Climate activists who have occupied the few buildings want to prevent this. Before Christmas, the Heinsberg district issued a general order to evacuate the village. The general order prohibits people from staying from December 23, 2022 to February 13, 2023, it said. If this expulsion is not followed, the order provides the basis "for taking eviction measures as of January 10."/lic/DP/ngu