With the recently published judgment of 15.10.2018 has established the administrative court of Kassel of the conservation law order of the government Presidium of Kassel, to the shutdown of the three wind wheels in Hofbieber, was unlawful. Previously, the government Presidium of Kassel had arranged, due to, allegedly, in the vicinity of breeding red kite in the 26.4.2018 the immediate shutdown of all three wind turbines.
in Contrast, the operators, the energy gnossenschaft oak cell had put up a fight, with a request for temporary legal protection. On 07.05.2018 the government Presidium of Kassel had picked up already the arrangement, since no evidence could be led on a breeding red kite at the said location. In the present judgment, the court notes that the government Presidium of Kassel had been for the nature conservation legal arrangement, you are not responsible. Only the Lower nature conservation authority and, therefore, the circuit Board could be adopted in accordance with the judgment of the administrative court, such a conservation law requirements. This results in a significant claim for damages against the state of Hesse.
“For us, it was clear from the start that the shutdown was unlawful. From my perspective, wind power opponents, where every means is right, the Rhön biosphere reserve and its useful projects for their own purposes, against approved wind turbines to proceed need. After reviewing the files, we need to assume, unfortunately, that incorrect observations in the red kite mapping were recorded in order to obtain the disconnection of the wind farm. This is shown also in the meantime, from the district of Fulda received documents. The fact is, there was, according to the present documents at any time any of us recognizable sound indication on the presence of breeding Rotmilanen to the designated places. The summit was that the us was accused of driving with our experts, the birds, even though time have been working around the allegedly-existing Horst the forest”, says Lothar Jestädt, member of the Board of the energy cooperative.
the value in dispute on 193.867 Euro
For the energy cooperative oak cell set, the judgment of the administrative court of Kassel is only a first victory. The court has set the dispute on 193.867 Euro. The judgment is based on a Supreme court ruling of the Hessian administrative court in Kassel. To check for the energy cooperative now, and how might the Surveyor can be held to account.
“For the future we want to have a different approach and better cooperation in case of conflicts. The responsibility is now up to the district office in Fulda. To this end, we have led with the district administrator Bernd Woide a few weeks ago, a very good, constructive conversation, and hope, that disputes of this type in the future. Who talks in a constructive and goal-oriented to each other, always finds a solution in case of conflicts.” says Lothar Jestädt finally.
*The contribution of “VG Kassel: disconnection of the wind farm Hofbieber was illegal” comes from Osthessen News. There is no editorial review by FOCUS Online. Contact with the executives here.