The Atomic Energy Act (Atomgesetz – AtG) is being revised once again in order to regulate the compensation payments for stranded investments granted by the Federal Constitutional Court to nuclear operators. A public hearing takes place at the German Bundestag today within the framework of the legislative process. BBH nuclear expert Dr. Olaf Däuper is part of the appointed panel of experts.
On 6 December 2016, the Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) confirmed that the nuclear power phase-out decided upon in the wake of the Fukushima disaster is in conformity with the German Basic Law. The court held that the phase-out did not constitute an expropriation of nuclear firms but merely an outline of the content and limits of property in line with Art. 14 of the Basic Law, which requires a compensation payment. The judges thus obliged the legislator to enshrine the compensation rules into law. A draft regarding the 16th amendment to the Atomic Energy Act has now been prepared by the German Federal Government. A public hearing in the Committee on the Environment, Nature Conservation and Nuclear Safety will contribute to the further legislative process.
Bringing to bear his extensive knowledge and expertise in nuclear law, BBH partner Dr. Olaf Däuper is among the invited experts. Dr. Däuper successfully represented the German federal states of Rhineland-Palatinate, North Rhine-Westphalia and Bremen in the nuclear phase-out proceedings before the Federal Constitutional Court. He also supported the federal state of Lower Saxony before the courts in the unsuccessful official liability proceedings (Amtshaftungsklage) filed by E.ON in relation to the nuclear power moratorium put in place directly after the Fukushima disaster. Furthermore, Dr. Däuper has been very active in the debate on final repositories for radioactive waste and has also acted as an advisor to the Federal Office for the Safety of Nuclear Waste Management (Bundesamt für kerntechnische Entsorgungssicherheit – BfE).
Becker Büttner Held is a leading provider of advisory services for energy and infrastructure companies and their customers. Energy and supply companies, particularly public utilities, municipalities and local authorities, industrial companies and international groups are among its core clients. BBH advises these and many other companies and organisations in all legal matters and also assists them with business and strategic advice.
Contact:
Dr. Ines Zenke
Lawyer, Partner
Tel +49 (0)30 611 28 40-179
ines.zenke@bbh-online.de
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