Library filed under Legal from Europe

High Court challenge to Co Clare wind farm extension

The challenge is against the board’s decision to grant ESB International permission to build an additional seven turbines at a wind farm development located at Boolynagleragh in Co Clare.   Environmentalist Peter Sweetman has begun a High Court challenge against a decision by An Bord Pleanála to grant planning permission for an extension to an existing wind farm.
4 Aug 2016

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

European Court of Justice ruling against Government of Bulgaria

Europeancourt-bulgaria_thumb The European Court of Justice has ruled against Bulgaria in a case brought by the European Commission against the country over its failure to protect unique habitats and important species in the Kaliakra special protection area at the Black Sea coast, the court announced on January 14 2016. Projects such as wind turbines, a golf course, spa and hotels have been approved and built in the area by Bulgarian authorities, despite the likelihood it would lead to significant disturbance of these protected species. As a result, the court has found Bulgaria to be breaching the EU’s Birds and Habitats Directives. A portion of the ruling is below. The full decision can be accessed by clicking the links on this page.
14 Jan 2016

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