Berlin.
Savoury reproach the Landgericht Hannover: Eon had its nuclear power stations will continue to operate despite the public outrage
Normally, the German nuclear companies must be in for harsh criticism when. to showcase unyielding. If they make the business of public opinion. To that extent the reason is rather unusual, why the biggest German energy company Eon has lost a lawsuit for damages before the Landgericht Hannover. Short can be the court ruling on Monday summarized as follows: Eon was not reckless and calculative enough. therefore And is now 384 million euros plus interest poorer.
<"italic" span class => Why is Eon gone to court?
the Group had appealed against the orders of the state governments of Bavaria and lower Saxony, who ordered the closure of the Eon-Meiler Isar 1 and Unterweser 17 March 2011th Eight nuclear power plants older type, so the federal government had decided to leave immediately after the nuclear disaster in Fukushima, Japan inoperative. Since the Nuclear organized by the countries, these members – after considerable pressure from the Chancellor’s Office – the command.
Chancellor Angela Merkel (CDU) argued Fukushima make a new risk assessment necessary. Three months later, a law came into force, which regulated the shutdown of the old reactors permanently. Also on the other hand there are complaints of Eon and other nuclear companies. However, in Hannover it was all about the so-called moratorium and thereby incurred current production losses.
How justified the court’s decision?
For the immediate switch-off, so the judge at the Regional court of Hanover, Eon is no money, see the defendants, the countries and the federal government. The reason for the lawsuit abschmettern: Eon would have the equipment required to operate easily. By the Group did not do so, he will forfeit the right to loss ratio. In the explanatory memorandum states literally that Eon Kernkraft GmbH would “pursue and operate nuclear power plants continue or immediately must launch again only their ordinary activities”. It had finally been submitted valid operating licenses. Eon would therefore legal challenge to raise that would have a suspensive effect. That was but refrain. And so, write the judge’s damages already excluded in principle.
<"italic" span class => Why Eon has not then sued?
from the Group’s perspective prevailed at that time a “predicament”, as stated in the court documents. Had Eon nuclear power plants in the heated atmosphere not only stopped after the accident in Fukushima or immediately up again, this would be done against “the almost unanimous position of politics and media reporting”. Through public “pillory effect” is a predicament emerged that it had made her unreasonable to take legal action against the moratorium.
Why rejected the court this objection
it is highly piquant: the judges consider that Eon had already tumbled that the nuclear power plants in Germany are safer than in Japan, if only because there is no danger threatened by tsunamis. Between the lines can be read out: If you can say offensive, of which may be required to leave the plants continue despite political headwinds. Especially, as it said in the court’s opinion, the use of nuclear energy had always been controversial -. And not just since Fukushima
If the legal dispute over the nuclear phase completed?
No, not even the Eon suit in Lower Saxony, the seat of the nuclear power GmbH is completed. Eon has one month to appeal to the Court of Appeal. A spokeswoman said that this step would be examined. Moreover, the Group also wants compensation for the nuclear phase-out law of 2011, which not only the failure of its eight old reactors sealed, but also to switch off the modern, nine nuclear power plants by 2022. Eon also suing the fuel tax, a special tax on fuel of plant , Overall, two dozen run atom method. The Baden-Württemberg EnBW nuclear group was like now failed in April with a similar suit in Hannover.
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