BRUSSELS À JOUR – LA RENTRÉE 2024: Fall Forecast: Key Competition Law Developments You Need to Know After the Summer Break
26 September 2024
On 7 June 2024, the Federal Administrative Court dismissed several summary proceedings against the immission control permit for the Energie-Terminal "Deutsche Ostsee" of Deutsche ReGas in the port of Mukran on the island of Rügen. The appeals, including those from the municipality of Binz, are inadmissible according to the decisions of the 7th Senate (case no. 7 VR 4.24 and others). The alleged safety risks are not discernible. According to the court's assessment, the appropriate safety distance around the regasification vessels (Floating Storage and Regasification Units) was correctly determined during the authorisation procedure.
In a permit issued on 9 April 2024, the State authority StALU VP approved Deutsche ReGas GmbH & Co. KGaA (Deutsche ReGas) for the construction and operation of an LNG terminal in the port of Mukran. The applicants had filed an objection to this and applied to the Federal Administrative Court to order the suspensive effect of their objections. Deutsche ReGas' LNG terminal is a priority project for security of supply in accordance with the LNG Acceleration Act. The Federal Administrative Court is the court of first and last instance in disputes regarding the approval of the terminal.
Hengeler Mueller represents Deutsche ReGas in the proceedings before the Federal Administrative Court and advises it comprehensively on the realization of LNG terminals at their sites in Mukran and Lubmin, including in particular on the legal aspects of authorisation and regulation, on the financing of the company, on cooperations as well as on operational contracts.
Hengeler Mueller team for Deutsche ReGas
Public Law: Jan D. Bonhage (partner, lead, Berlin), Michael Schramm (partner, Dusseldorf), Kevin Marschhäuser, Nikolaus Wallraf, Ursula Dahmen, (all Berlin), Malte Scholz, Manuel Joseph (Dusseldorf, all associates),
Energy Regulatory: Dirk Uwer, Jörg Meinzenbach (both partners), Rebecca Klein, Paul David Rieger (both associates, all Dusseldorf),
Corporate: Kai-Steffen Scholz (partner), Sebastian Bauer (associate, both Berlin),
Contracts: Sebastian Schneider (partner, Frankfurt), Andreas Breier (counsel), Ingo Berner (both Berlin), Dzmitry Krupadziorau (Frankfurt, both associates).
