The ECJ ruled in the Judgment C 137/14 – EU Commission vs. Germany of 15 October 2015 – that it is not compatible with the EIA Directive and the Industrial Emissions Directive to exclude a NGO from the legal procedures with objections not raised in administrative procedures as provided in Art. 73 para. 4 Administrative Procedure Act (VwVfG) and Art. 2 para. 3 Environmental Appeals Act (UmwRG). That leads to the question, if according to this judgement all German preclusion rules are now illegal in respect of the European law. This article tries to distinguish between the different kinds of German preclusion rules and to analyze, if the ECJ’s judgment is transferable to each of them. In this context it scrutinizes critically the draft of the amendment concerning the Environmental Appeals Act and other statutes.