German EnBW says will not file legal complaint over nuclear exit
London (Platts)--30Jul2012/907 am EDT/1307 GMT
German utility EnBW will not file a legal complaint at the
Constitutional Court [Bundesverfassungsgericht] against the German
government's nuclear exit bill, the company said Monday.
Following intensive legal consultation, the company has been advised
that due to its ownership structure it may lack the right to file such a
complaint, it said.
EnBW is 46.75%-owned by the German state of Baden-Wurttemberg, currently
governed by a coalition led by the anti-nuclear Green Party with another
46.75% owned by local municipalities and just a minute fraction of privately
"However, EnBW explicitly shares the legal opinion of E.ON, RWE and
Vattenfall, according to which the 13th amendment of the Atomic Energy Act is
unlikely to withstand a constitutional examination," it said in a statement.
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Germany's other three operators of nuclear power plants E.ON, RWE and
Vattenfall Europe have already lodged separate constitutional complaints.
E.ON and RWE are suing the government for Eur15 billion ($18 billion) in
damages over the decision to abandon nuclear power, according to media
reports earlier this year.
All four of Germany's nuclear power plant operators have seen profits
fall sharply owing to the shutdown of their nuclear power plants.
According to the statement, EnBW remains confident the Constitutional
Court will consider EnBW's economic interests in the case of a successful
complaint by its competitors to ensure equal treatment and not to distort the
EnBW was the most dependent on nuclear energy, among Germany's four major
utilities, generating more than half of its electricity from nuclear in 2010.
The government's decision to permanently halt reactors that were built
before 1980 in the light of events at Japan's Fukushima nuclear plant in
March 2011, saw two of the company's four reactors, Neckarwestheim 1 and
Philippsburg 1, closed permanently in 2011.
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