Articles filed under Legal from Europe

Bavarian Constitutional Court Clears 10H Minimum Distance Requirement for Wind Power Plants

The Bavarian Constitutional Court today decided that the controversial 10h minimum distance requirement for wind power plants in Bavaria is in line with the constitution. Pursuant to the so called 10h-regulation (10H-Regelung) contained in the revised Bavarian Building Code, wind power plants have to maintain a minimum distance from residential housing of ten times the total height of the wind power plant.
10 May 2016

Germany energy transition without Bavaria

Green, SPD and CDU, and also the wind power industry described the decision as a "black day not only for wind power, but for the transformation of energy in total." Meanwhile, the Bavarian government feels strengthened in its position. "The decision provides legal certainty," said Minister Ilse Aigner. The law "makes a public welfare an acceptable balance between our energy policy goals and local interests".
9 May 2016

Court rules in favour of order to dismantle three wind turbines

The public interest in ensuring alternative non-carbon based energy sources are brought to the market cannot give this, or any other wind farm, “a licence to breach the planning laws”, he said. There is a public interest in ensuring those laws are adequately enforced and judicial failures to make mandatory orders may “dilute” effective enforcement.
16 Mar 2016

Nordex Told Assets It's to Buy From Acciona Targeted in Lawsuit

Inneo Torres claims that Acciona breached contracts the two had and stole intellectual property relating to how to make towers for wind turbines, according to a copy of the lawsuit. While Acciona acquired some patents relating to towers when it bought a unit of Inneo, it chose not to exercise an option that would have given it ownership of all of the technology, the complaint says.
17 Nov 2015

Navitus Bay plans scrapped

Navitus Bay project director Stuart Grant said today: "After careful consideration, Navitus Bay has chosen not to challenge the decision by the Secretary of State to refuse consent for the proposed wind park.
19 Oct 2015

French farmer sues wind energy company for making his cows sick; Demands hefty compensation

Christiane Nansot, an agricultural expert, who endorsed the farmer’s grievance confirmed that the drop in milk production was caused by the 24 turbines installed by the company, next to the family farm in Le Boisle district, near Abbeville in  Northern France. “The geologist said that a geographical fault in the underlying rock could be leading to amplification in waves emanating from the turbines,” she  said.
23 Sep 2015

Locals facing eviction after losing windfarm appeal

Edward ‘Ned’ Buckley had agreed to a single turbine being erected on adjacent land as part of an overall €30m development of 22 wind turbines by Kilkenny–based Ecopower Developments Ltd. However, he was shocked to discover a subsequent planning application sought provision for a 75m road across his land. ...Mr Buckley conceded that he had signed a document facilitating access but said he later withdrew consent before any decision had been made.
23 Sep 2015

High Court dismisses wind turbine challenge, but variable height condition unlawful

John_hunter-judicialreview_thumb The Court rejected a judicial review of the planning consent granted  for a 67 metre wind turbine to be built in Carmarthenshire, south west Wales, brought by local residents. However, it was concerned that one of the planning conditions attached to the planning permission "would permit variations in height so that the scale and impact of the turbine would be different from that for which permission was granted".
19 Aug 2015

FACT: Wind turbines make you sick.

In May 2013 the Supreme Court of Justice of Portugal decided that the remaining 3 turbines had to be removed from the vicinity of Mr. R’s property. The lower court had ordered the removal of the closest turbine but allowed the other three to stay, hence the appeal to the Supreme Court. The developer is apparently appealing the decision to the European Court. ...A bittersweet victory given that Mr R’s health is ruined and the family’s way of life destroyed. Money cannot fix that sort of damage. From a legal point of view what is important is that the courts, including the Supreme Court, accepted the expert evidence of the authors of this paper concerning the terrible toll that infrasound and low-frequency noise has on both humans and animals, whilst it rejected the opposing evidence led by the wind industry lawyers.
23 Jul 2015

http://www.windaction.org/posts?location=Europe&p=4&topic=Legal&type=Article
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