Tag Archive for 'BVerfG'

Constitutional Court Declares Complaint Against Curtailment Provision in Energy Act Inadmissible

In a recent decision the Federal Constitutional Court (BVerfG) declared a constitutional complaint (Verfassungsbeschwerde) inadmissible that challenged a provision in the German Energy Act (EnWG) which obliges operators of private power plants to reduce power input on request of the grid operator in return for a compensation. The complaint did not meet the (high) requirements for justification of bringing an constitutional action, BVerfG held.

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Constitutional Court Strengthens Legal Protection of Persons Affected by Expropriation and Resettlement

In a judgement on RWE’s open lignite mining project in Garzweiler in North Rhine-Westphalia, the Federal Constitutional Court (BVerfG) strengthened the protection of persons affected by expropriation and resettlement. The approval of the framework operating plan (Rahmenbetriebsplan) for the Garzweiler opencast mine by the competent authorities, however, met the constitutional requirements. Hence, RWE is able to continue mining.

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Stuttgart Court Does Not Stay Lawsuit Against EEG Surcharge to Submit Case to Federal Constitutional Court

The Regional Court of Stuttgart did not see the necessity to stay a lawsuit brought by the Spinnwerberei Uhingen against the utility EnBW and submit the case to the Federal Constitutional Court (BVerfG). It dismissed the case in which plaintiff demanded repayment of the so-called EEG surcharge from EnBW because of alleged lack of constitutionality.

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BVerfG Rejects Constitutional Complaint Against Grandfathering Rule for Big Solar Parks

In a decision of 27 September 2012 the Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) did not admit a constitutional complaint against the recently introduced grandfathering rule for solar parks above 10 MW. The case had been brought before the court by two plaintiffs that were involved in planning and building two large solar power plants with capacities of more than 10 MW.

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German Government Confident Despite Threat of Billion Euro Lawsuits Against Nuclear Power Exit

In view of the announcement of billion Euro claims in damages by German utilities, the German government shows itself confident that last year’s amendment of the Atomic Energy Act (AtG) that lead to the immediate shutdown of eight nuclear power plants and the staggered withdrawal from nuclear energy until 2022 is constitutional and legal action unwarranted, Frankfurter Allgemeine Zeitung (FAZ) writes. Apart from E.ON also RWE had meanwhile lodged a constitutional complaint and Vattenfall was planning to follow suit, FAZ says. With regard to EnBW it remained to be seen whether legal action would be taken, as one of the main shareholders was the state of Baden-Württemberg that is currently ruled by a Green Party/Socialist coalition government.

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214 MPs Ask BVerfG to Review Constitutionality of Nuclear Power Extension

214 members of the parliamentary groups of the Social Democrats (SPD) and Alliance ’90/The Greens (Greens) submitted a request to the Federal Constitutional Court (BVerfG) to review the constitutionality of the 11th and 12th amendment of the Atomic Energy Act (AtG), which lead to an extension of the operating times of the 17 German nuclear power plants.

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Five Federal States Ask BVerfG to Review Constitutionality of Nuclear Power Extension

The five federal states of Berlin, Brandenburg, Bremen, North Rhine-Westphalia and Rhineland-Palatinate have submitted a request to the Federal Constitutional Court (BVerfG) to review the constitutionality of the extension of the operating times of the 17 German nuclear power plants.

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Constitutional Complaint Against Nuclear Power Extension

A constitutional complaint (Verfassungsbeschwerde) against the extension of the operating times of German nuclear power plants has been submitted to the Federal Constitutional Court (Bundesverfasssungsgericht – BVerfG). The complaint is supported by Greenpeace.

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BVerfG: Injunction Against Solar Feed-in Tariff Reduction Denied

In a recently published decision, the Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) on 23 September 210 rejected a motion for  injunctive relief against the latest amendment of the Renewable Energy Sources Act (EEG) with respect to feed-in tariffs for solar installations on former cropland (Ackerflächen).

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BVerfG Rejects Constitutional Complaints Against BGH Gas Price Rulings

The Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) did not admit two constitutional complaints from Berlin-based gas supplier GASAG for decision. The BVerfG held that the rulings of the Federal Court of Justice (Bundesgerichtshof – BGH) did not violate the plaintiff’s constitutional right of occupational freedom.

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