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⚖️ On March 12, 2025 (ref. XII ZR 76/24), the BGH made an important ruling on the design of the contract term for usage contracts for wind turbines: ⏳ If the parties link the start of the contract term to an uncertain event - such as the commissioning of the last planned wind turbine in a wind farm - this is a condition precedent within the meaning of Section 158 Paragraph 1 BGB. The contract is then already binding, but the fixed contract term only begins when the condition occurs. In this case, the term until the condition occurs is indefinite and the usage contract can generally be terminated by ordinary termination in accordance with Section 542 Paragraph 1 of the German Civil Code (BGB). ❗ Practical relevance of the judgment: Even if the contract is open-ended before the condition occurs, the ordinary right of termination can be effectively excluded (including through implied contractual provisions). The Federal Court of Justice recogniz…

Recent judgements by the OVG Bautzen and the OVG Koblenz make it clear that the expansion of wind energy and monument protection (in this case even as a UNESCO World Heritage Site) can be compatible. The most important lessons learnt from the decisions: 👉 Monument protection and climate protection: both aspects must be in harmony. The courts emphasise that monument protection does not automatically take precedence over climate protection and the expansion of renewable energies. 👉 Visibility is crucial: Wind turbines that are barely perceptible from a greater distance do not constitute a significant impairment of cultural heritage. Visibility alone does not justify rejection. 👉 Flexibility in the event of deviations: Small deviations, such as in the height of wind turbines, are not considered critical by the courts and can be corrected. 👉 Case-by-case assessment instead of a blanket ban: The courts emphasise that a blanket rejection …

While the EEG 2017 still provided that the permits according to the BImSchG for wind farms participating in the tendering procedure had to be submitted to the Federal Network Agency two weeks before the bid date, the deadline under the EEG 2021 is now four weeks. For the bid date 1st of februray the deadline will be already expired on 4th February. The reason for these extended examination periods is the new § 28 para. 6 EEG 2021. This provision is intended to discourage the signing of tender rounds and therefore provides for a reduction in the volume of tenders in the case of a threat of signing. It is true that the bidding rounds for onshore wind turbines have been regularly signed in recent years. However, a reduction in the volume of tenders is unlikely to do justice to the timely expansion of wind energy and thus to the achievement of climate targets.

The National Hydrogen Strategy (NWS) has identified as a measure to promote the production of green hydrogen, in particular, the increased designation of areas suitable for the offshore production of hydrogen or PtX can be used, the necessary infrastructure and possibilities for additional tenders for renewable energy generation are defined. On the 4th. The Federal Maritime and Hydrographic Agency (BSH) published the draft of the Area Development Plan 2020 and the drafts of the environmental reports (North Sea and Baltic Sea) within the framework of the Strategic Environmental Assessment on 1 September 2020. This update includes "other energy production areas" as defined in § 5 para. 2a WindSeeG.

On 29 June, the Commission adopted a proposal for a Directive on the planning safeguards law, which came into force in May 2020, introduced the tool of online consultation, initially limited to the duration of the restrictions imposed by the COVID-19 pandemic. In connection with the amendments to the WindSeeG adopted by the Federal Government today, the formal consultation of the authorities to be involved has been replaced by the publication of the relevant planning documents on the Internet (§ 6 para. 10, § 12 para. 2a, para. 4 sentences 2 and 3, § 47 para. 6 WindSeeG). A further step towards bringing administrative procedures into the digital age. And unlike the Planning Security Act, the tool of this online consultation is no longer tied to the effects of the COVID-19 pandemic.

By decision of 11. 02. 2020 the BGH specifies the requirements for a citizen energy company according to § 3 No. 15 EEG, which participates in an invitation to tender, in the sense that the majority of voting rights for district-based members must also be accompanied by a corresponding actual possibility of exerting influence on the company and participating in decisions of the general meeting. However, the requirements for a public energy company are not fulfilled if the social contract does not provide for majority decisions or if the social contract of a limited partnership withdraws fundamental transactions from the decision of the shareholders and assigns them exclusively to a company of the complementary company. ( BGH, Dec. from 11. 02. 2020 - Az. : EnVR 101/18)