The popular lawsuit brought by several citizens in Bavaria against the weakening of monument protection has been unsuccessful. The Bavarian Constitutional Court (BayVerfGH) has declared the regulation in the Bavarian Monument Protection Act, according to which a permit for the erection of a wind turbine only has to be obtained for „particularly landscape-defining“ monuments, to be constitutional. (Ref.: 7-VII-23 of 05.02.2025). „The regulations restrict the rights of the owners of monuments in a constitutional manner as content and limitation provisions,“ said the judges. They pointed out the great importance of climate protection for the preservation of natural resources. Accordingly, the regulation in the Bavarian Monument Protection Act represents an appropriate balance between the accelerated expansion of wind energy and the interests of monument owners.

„The court's decision provides clarity on a very controversial issue and is therefore of great importance beyond Bavaria,“ says Rechtsanwalt Tobias Ross, which advises various project developers on conflicts with monument protection. This is particularly true because other federal states, such as Brandenburg, have similar legal regulations, says Roß.