Federal Administrative Court confirms planning approval for east coast pipeline

Prof Dr Jan Thiele

Message

|

01.04.2025

The second section of the 380 kV east coast line in the Lübeck area can be built. The Federal Administrative Court has rejected the urgent appeal by an environmental association against the planning approval decision (Ref.: 11VR 18.24, decision dated 19 February 2025).

 

The environmental association had applied for the suspensive effect of its action against the planning approval decision by the state of Schleswig-Holstein to be ordered. However, the court ruled that the public interest in the immediate execution of the project prevailed. The legally stipulated immediate enforceability in accordance with Section 43e (1) sentence 1 EnWG, according to which the action to contest a planning approval decision or planning authorisation has no suspensive effect, carries particular weight. After a summary examination, it was not to be expected that the action would be successful on the merits.

 

The subject of the proceedings was the second planning approval section of the so-called east coast line, which serves, among other things, to integrate renewable energies into the electricity grid and increase transmission capacities. The Federal Administrative Court emphasised that there was a legally established energy industry need for the project (Section 1 (1) BBPlG in conjunction with No. 42 of the annex).

 

The court did not consider the objections of the environmental association, in particular with regard to nature and species conservation and the necessity of the project, to be persistent. The justification for the plan was given on the basis of the statutory determination of need. The planning approval authority had also sufficiently examined and taken into account the environmental requirements, such as the impact on certain dragonfly and butterfly species. The planned environmental construction monitoring was sufficiently determined.

 

The court also emphasised that no irreversible environmental damage was to be expected as a result of the planned project, as comprehensive avoidance and compensation measures were planned.

DOMBERT Lawyers

Our work covers all legal issues and conflicts in which the state, municipalities or authorities are involved.