In its judgement of 16 September 2026 (BVerwG 7 A 6.25), the Federal Administrative Court dismissed as inadmissible the action brought by the municipality of Ostseebad Binz against the permit issued by the State Office for Agriculture and the Environment of Vorpommern (StALU VP) under the Law on the Control of Environmental Pollution for the ‘Deutsche Ostsee’ energy terminal on Rügen, operated by Deutsche ReGas. This followed the granting of a permit by the StALU VP for the construction and operation of the terminal until 31 December 2043. The municipality of Ostseebad Binz initially challenged this by lodging an objection and an application for interim relief, both of which were unsuccessful.
The subsequent legal action and statement of claim did not meet the requirements for admissibility. The claimant municipality failed to demonstrate that it would be affected by the approved project. The relevant protected areas – such as zoned areas or municipal facilities in Ostseebad Binz – lie well outside the appropriately determined perimeter of the energy terminal’s operational area, which was established without error.
Hengeler Mueller advised Deutsche ReGas, which was joined as an intervener in its capacity as permit holder, comprehensively in the legal proceedings brought by the Municipality of Ostseebad Binz against the StALU VP, and represented Deutsche ReGas before the Federal Administrative Court.
Hengeler Mueller team for Deutsche ReGas
Public Law/Environmental Law/Regulatory/Dispute Resolution: Jan D. Bonhage (Berlin, Brussels), Michael Schramm (Düsseldorf, both partner), Ursula Dahmen (associate, Berlin).