BVVG has no claim for payment on erecting wind turbines

On 14. 09. 2018 the BGH announced a judgment eagerly awaited by the wind industry. The BVVG has no claim to payment or right of repurchase for the construction of wind turbines on agricultural land which the property owner has acquired at a reduced price from the BVVG. Accordingly, a provision in the purchase agreement is invalid under which the BVVG can skim off from the purchaser the payments received from the wind turbine operator for the permit. The BVVG had justified this provision by averting the exercise of a BVVG repurchase right. However, the BGH did not accept that argument, as a right of repurchase would not be triggered at all by the use of the land for wind turbines. The BVVG may also have a right of withdrawal only if substantial parts of the sold land are no longer used for agricultural purposes but for wind power generation purposes, which was not the case here. (BGH: Decision from 14.09.2018 – Case Number.: V ZR 12/17)