Gleiss Lutz has successfully represented GeoEnergy GmbH in proceedings regarding plans to construct a geothermal power plant in Brühl, Baden-Württemberg. In a judgment handed down on 1 August 2013 (case no. 5 K 2037/12), Karlsruhe Administrative Court dismissed the action filed by Brühl local authorities against the outline planning permission for the power plant. The judgment is now final and binding.
The dispute centred around the issue of whether geothermal power plants should receive special treatment under German building law, something afforded to projects for supplying the public with electricity, gas, heat and water: Such projects do not require the preparation of a land-use plan if they can only be carried out at a specific location or site. As opposed to the production of oil or gas, there has been much debate in recent years as to whether geothermal energy production is site-specific or not.
Brühl local authorities had therefore argued that construction of the geothermal power plant was not permissible in the undesignated outlying area of the municipality, because it was not entitled to special treatment. Karlsruhe Administrative Court did not follow this reasoning, holding that special geological and tectonic requirements had to be met in order to tap into geothermal energy, thus limiting the choice of sites. As a site-specific installation for supplying the public with electricity, a geothermal power plant was, so the court, therefore entitled to special treatment. The administrative court thus agreed with Gleiss Lutz’s line of argument.
This is the first decision rendered by an administrative court on the special treatment of geothermal power plants under German building law. The judgment will have implications for geothermal projects across Germany, restricting local authorities’ options for preventing disputed projects in this sector.
GeoEnergy was represented by Dr. Marcus Dannecker (partner) and Dr. Yvonne Kerth (both energy, Stuttgart).
Gleiss Lutz has many years of experience in the renewables energy sector, and regularly advises clients on (onshore and offshore) wind and solar energy projects.
Gleiss Lutz ist seit vielen Jahren im Bereich erneuerbarer Energien tätig und begleitet regelmäßig auch Projekte im Bereich der (On- und Offshore-) Windenergie und der Solarenergie.
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