23 Oct 2017

Accelerated coal exit would be constitutional, similar to nuclear phase-out – legal opinion

Agora Energiewende / BeckerBüttnerHeld (BBH)

The German government could introduce a speedy coal exit without having to pay compensation to power plant operators, think tank Agora Energiewende* writes in a press release. Law firm BeckerBüttnerHeld (BBH) analysed last year’s nuclear phase-out decision by Germany’s constitutional court and compared it to a possible quick coal-exit scenario. The state could order the shut-down of coal-fired power stations older than 25 years, BeckerBüttnerHeld found, as these are usually written off by then. However, it would have to give early notice to guarantee a transition period of about a year. For the shut-down of open-pit coal mines, longer transition periods would be necessary to avoid compensation payments.

Read the press release in German here and the opinion in German here.

For background, read the CLEW factsheet

*Like the Clean Energy Wire, Agora Energiewende is a project funded by Stiftung Mercator and the European Climate Foundation.

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