Constitutional Court ruling on the acceleration of nuclear phase-out in Germany: energy companies are entitled to "appropriate" compensation -Analysis
Catherine Banet
Professor of Law specialised in Energy Law, Head of the Department for Energy and Resources Law. Co-Academic Director at the Centre on Regulation in Europe (CERRE). Chair of the Board, Norwegian Energy Law Association.
Today, the German Federal Constitutional Court released its decision in a case opposing the German government to the three energy companies E.ON, RWE and Vattenfall and related to compensation for the rapid phase-out of nuclear energy in Germany.
The Court concluded that the amendments made to the Atomic Energy Act following the decision by the German authorities in 2011 to accelerate the nuclear phase-out after the accident in Fukushima did not infringe the right to property of the three companies. However, the Court ruled that those companies were entitled to a "reasonable" compensation for the loss they suffered. The German Parliament has until 30 June 2018 to amend the Atomic Energy Act accordingly and the government must reach an agreement on compensation with the three companies.
As argued in my analysis below, even if this case remains a German domestic case, it teaches us some important lessons on the legal requirements for a smooth energy transition.
Full analysis available at: http://sustainableenergylaw.blogspot.no/2016/12/constitutional-court-ruling-on.html
See also my answers to Radio France International (RFI) here: http://en.rfi.fr/environment/20161206-german-government-ordered-pay-damages-nuclear-phase-out
Former EU Climate Pact Ambassador - Olympic fencer
7yWhat would be a reasonable compensation? Who will decide?
Founder of Energy For One World
7yThank you for sharing this important court ruling., but raising some serious questions on: how ever are we going to change? AK