Archive for the 'Court' Category

EU General Court: Germany’s 2012 Renewable Energy Source Act Involves State Aid

The EU’s General Court today sided with the Commission’s view that the EEG 2012 involved state aid. It rejected Germany’s arguments to the contrary, seeking annulment of a Commission decision of 25 November 2014 on a scheme for the support of renewable electricity and of energy-intensive users.

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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.

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Euromoney’s Expert Guide for Energy 2016

I am happy to report that Euromoney included me in their new 2016 list of top legal practitioners advising on energy law. Continue reading ‘Euromoney’s Expert Guide for Energy 2016′

Bavarian Constitutional Court Hearing on Controversial 10H Minimum Distance Requirement for Wind Power Plants

On Tuesday, the Bavarian Constitutional Court heard the parties on the controversial 10h minimum distance requirement for wind power plants. 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.  Continue reading ‘Bavarian Constitutional Court Hearing on Controversial 10H Minimum Distance Requirement for Wind Power Plants’

EnBW: No State Liability for Unlawful Nuclear Power Moratorium Damages

The Bonn Regional Court (LG Bonn) dismissed EnBW’s compensation claim against the Federal Republic of Germany and the State of Baden-Württemberg. EnBW had asked for EUR 261 million because of the temporary unlawful moratorium shutdown of the Neckarwestheim I and Philippsburg I nuclear power plants.

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Seminar 1 October: Capacity Mechanisms, the Energy Turnaround and State Aid Law

On 1 October, Oxera and Bird & Bird will be organising an afternoon seminar in Düsseldorf on “Capacity Mechanisms in the Energy Turnaround – Risks for Market Participants? The seminar will cover important current energy state aid law questions, and will be held mainly in German. It is free, but places are  limited. Please send me an e-mail if you are interested.

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Another Biogas Operator Launches Constitutional Complaint Against Biogas Provision in EEG 2014

Another operator of a biogas plant has launched a constitutional complaint against a provision in the Renewable Energy Sources Act as applicable since 1 August 2014 (EEG 2014). The operator is again supported by the renewables assocation Nachhaltige Energie e.V.

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EEG Clearing Agency Adjusts Rules of Procedure and Fees to EEG 2014

Clearingstelle EEG (EEG Clearing Agency) has amended and adjusted its rules of procedure (Verfahrensordnung – VerfO) and table of fees (Entgeltordnung – EntgeltO) to the EEG that came into force on 1 August 2014 (EEG 2014).

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German and Austrian Energy Providers File Legal Action Against Hinkley Point C State Aid Approval

Ten municipal utilities and green power providers on 15 July 2015 filed a legal action with the European Court of Justice in Luxembourg against the state aid approval by the European Commission for the Hinkley Point C nuclear power plant in the United Kingdom.

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BNetzA: Consultation on Draft Withdrawal of Decision on Redispatch Measures and Compensation

In 2012 the federal grid regulator (BNetzA) issued a decision for interventions in the operation of conventional power plants by the transmission system operator in order to stabilise the grid (redispatch measures). After the Higher Regional Court of Düsseldorf recently annulled these decisions in thirteen cases, BNetzA is now planning to retroactively withdraw its decision and is asking for comments on its draft decision by 22 July 2015.

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