Hamburg – On 13 March 2024, the Federal Administrative Court dismissed the lawsuit brought by a gravel mining company against the planning approval granted by Lower Saxony’s Regional Authority for Roads and Transport on 22 December 2022 for the construction and operation of the Stade-Landesbergen 380kV power line.
A CMS team headed by Dr Neele Christiansen and Dr Christiane Kappes represented the proponent, TenneT TSO GmbH (TenneT), as summoned party in the proceedings before the Federal Administrative Court. The CMS team previously advised TenneT on all aspects of the planning approval procedure.
The planning approval relates to the project to build the seventh section of the 155 kilometre-long line between Stade and Landesbergen.
The court of first instance in this case, the Federal Administrative Court, ruled that the planning approval is lawful. The planning approval is compatible with regional planning law and the relevant interests were properly weighed up. All aspects of the gravel mining company’s concerns had been duly taken into account. Notably, custom design of the pylons, which would be costly to develop, construct, maintain and operate, is not required.
The ruling is one of the first from the Federal Administrative Court’s new 11th Energy Senate. The Senate deals with energy law cases in which speed is of the essence.
The Federal Administrative Court’s case reference is 11 A 6/23.
CMS Germany
Dr Neele Christiansen, Partner
Dr Christiane Kappes, Partner
Sebastian Belz, Counsel
Jan Gröschel, Senior Associate
Dr Nico Schröter, Associate, all Public
Press Contact
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