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Financial compensation for certain power plant operators due to accelerated nuclear phase-out after the Fukushima reactor disaster has to be completely reorganized again. The 2018 amendment to the law was inadequate and also did not enter into force due to formal deficiencies, the Federal Constitutional Court ruled after a lawsuit by the energy company Vattenfall.
The requirements for compensation, which the Federal Constitutional Court had already demanded in its December 2016 ruling, have not yet been met, he said as justification. In particular, these are compensation payments for the Vattenfall nuclear power plants in Brunsbüttel, Krümmel and Mülheim-Kärlich.
The first senate of the court opposes it on several points. The requirements for compensation payments are not clearly regulated. Furthermore, the previous amendment to the law could lead to a double reduction in rights.
However, ultimately, the amendment has not yet entered into force due to formal deficiencies. According to the reasoning, there is no binding approval of the regulation by the EU Commission. The legislature has yet to fulfill its obligation to create a new regulation by June 30, 2018. “As a result, the legislature is still obligated to make new regulations as soon as possible,” the resolution says.
Controversial point: sale of remaining electricity
As early as 2016, the Federal Constitutional Court had basically thrown out E.on, RWE and Vattenfall’s claims against the phase-out of nuclear power. However, it had stipulated that energy companies were entitled to adequate compensation for investments that had become useless and for expired production rights. In 2018, the Bundestag amended the Atomic Energy Law and decided on compensation.
The Swedish energy company had once again sued the Constitutional Court and criticized that the 2016 court ruling had not been properly applied. Because the Bundestag had decided that the operators of the affected nuclear power plants should first try to sell the remaining electricity before possible financial compensation. Vattenfall appealed against this.
File number: 1 BvR 1550/19
