(Defence of an action against a planning approval decision under the Energy
Industry Act)
Gleiss Lutz has successfully represented Amprion GmbH in
defending an action against a planning approval decision for the construction of
a 380 kV extra-high-voltage line. The planning approval decision in question is
for the 380 kV extra-high-voltage line Metternich - Niederstedem in
Rhineland-Palatinate, specifically for the first construction stage (Metternich
- Pillig). This extra-high-voltage line is listed in the Federal Requirements
Plan Act as an “urgently required” project. In this section, the Amprion
extra-high-voltage line will be combined with a 110 kV traction current line
from DB Energie GmbH.
A resident on whose properties electricity poles
are to be constructed brought an action against the planning approval decision
of Struktur-und Genehmigungsdirektion Nord in Koblenz. Following a hearing on 9
November 2017, the 4th Division of the Federal Administrative Court presided
over by Prof. Dr. Rubel dismissed this action in full. This means that there are
no longer any legal obstacles preventing the implementation of this approved
construction stage.
Gleiss Lutz already assisted Amprion GmbH during
the planning approval procedure.
The following team of Gleiss Lutz
lawyers advised on the planning approval procedure and the legal proceedings:
Dr. Burghard Hildebrandt (lead, partner), Dr. Eva Koch and Dr. Simon Frye (all
public law, all Düsseldorf).
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