The financial compensation for certain power plant operators due to the accelerated nuclear phase-out after the reactor disaster in Fukushima has to be completely reorganized again. The amendment to the law from 2018 was inadequate and, in addition, never came into force due to formal deficiencies, the Federal Constitutional Court decided after a lawsuit by the energy company Vattenfall.

The legislature is “still obliged to implement new regulations as soon as possible,” as the highest German court in Karlsruhe announced on Thursday. (Az. 1 BvR 1550 / 19) Because of the reactor accident in Japanese Fukushima had the federal government 2011 for the 17 German nuclear power plants only one Term extension decided a few months earlier withdrawn. By the end 2022 at the latest, all reactors must be taken off the grid on fixed dates. Then there is an end to nuclear power.

Decision in parts “unreasonable” The Federal Constitutional Court had 2016 after complaints from Eon, RWE and Vattenfall, it was decided that the amendment to the law that sealed this turnaround was essentially compatible with the Basic Law. The energy companies are entitled to appropriate compensation for investments that have become pointless and forfeited production rights.

Vattenfall, among others, benefits from this. Due to the 2011 fixed shutdown dates, the Swedish group no longer had the opportunity to internally produce electricity volumes originally allocated to its two German power plants Krümmel and Brunsbüttel. For this, the group 2023 should be able to demand a compensation payment in the millions. According to the Federal Environment Ministry, the exact amount will only then be able to be determined.

The legal regulations for this are in parts “unreasonable”, as stated in the Karlsruhe decision. In addition, the entry into force was made dependent on the approval of the EU Commission. However, this was never formally issued. Because of the nuclear phase-out, Vattenfall is also pending a lawsuit at the World Bank’s International Court of Arbitration (ICSID) in Washington. This is about claims of several billion euros due to the permanent shutdown of Krümmel and Brunsbüttel.

(axk)