"The judgment does not help us as an industry," said Wolfram Axthelm managing director of the German Wind Energy Association (BWE) to the Handelsblatt. The challenge remains of balancing the protection of the individual birds and the protection of the population. The ball is now with the legislature in Germany. "The Environment Ministers' Conference has taken up the topic and must now come to results as quickly as possible," said Axthelm.
Articles filed under Legal from Germany
Erecting a few wind turbines on privatized, once communist farmland doesn't entitle Germany to claw back potentially lucrative power earnings, a top appeal court has ruled. It's voided part of a 2005 land sales contract.
German wind developer Wpd has filed a complaint to Germany’s constitutional court against the Wind Energy at Sea Act (WindSeeG) after its far-offshore project Kaikas in the North Sea was excluded from future offshore wind tenders without compensation to the developer.
Potential for growth of wind energy in the state will be decimated by Bavaria's constitutional court backing the ruling that the minimum distance between a wind turbine and the nearest buildings must be ten times the height of the turbine.
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.
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".
The former executives are accused, among other charges, of using their positions at the company to make private side-deals in the wind turbine business, which is in direct violation of Vestas's corporate policy and Danish and German law.
The decision came as a surprise to many as it did not follow an earlier recommendation of the ECJ's Advocate General who believed a clause in the EU's renewable energy directive contravened treaty rules on the free movement of goods across the 28-member bloc.
The forced closure of RWE's Biblis nuclear power plant after the Fukushima accident was unlawful, the German Supreme Administrative Court has ruled. The utility is now likely to sue for considerable damages.