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MIL OSI Translation. Region: Germany / Deutschland –

Source: Federation for the Environment and Nature Conservation Germany BUND Chairman Olaf Bandt (Simone Neumann) “The Federal Environment Ministry has made a gross technical mistake. But the constitutional legitimacy of the nuclear phase-out, which the Federal Constitutional Court had already determined in 2016, remains unaffected by the judgment. In the still outstanding amendment, only the compensation regulations need to be adjusted. The required new regulation is therefore also an opportunity to bring forward the nuclear phase-out and to implement it immediately. Because every day nuclear power means an immense safety risk for people and nature. Despite such gross blunders in the legislation, the approach of the nuclear companies is illegitimate to take ever new excessive demands against national decisions to court. The legislature had even provided higher sums than necessary according to the court order in 2016, but greed for profit seems insatiable. Vattenfall is suing the Federal Republic of Germany because of the nuclear phase-out before a private investor-state arbitration tribunal, the International Arbitration Court of the World Bank (ICSID), for almost 6.1 billion euros, of which around 4.3 billion euros are compensation and the remainder is legal interest. The basis is the Energy Charter Treaty, a plurilateral investment protection agreement. The court costs alone have so far amounted to just under 22 million euros. BUND resolutely rejects trade and investment protection agreements that contain special rights of action for corporations and can undermine constitutional jurisprudence in favor of the particular interests of corporations. Trade and investment protection agreements that contain investor-state arbitration tribunals must be terminated immediately. New agreements such as the CETA agreement between the EU and Canada, which came into force temporarily at the end of 2017, must not be ratified. ”More informationBackground: Less than six months after the decision to extend the service life of German nuclear power plants, this was overturned in favor of the socially demanded nuclear phase-out . The groups Eon, RWE and Vattenfall then sued the Federal Constitutional Court for compensation. This had already ruled in 2016 that the nuclear phase-out was constitutional. The corporations were only granted compensation for investments made during this period – which could not be proven at the time. As well as compensation for RWE and Vattenfall for lost profits from the electricity volumes allocated at the end of 2010. The legislature granted this to the corporations through the amendment of the Atomic Energy Act in the full amount of the lost profit, although the Federal Constitutional Court had made it clear that this was not necessary at all. According to the Federal Environment Ministry, the final sum will be determined after the shutdown of all nuclear power plants in 2023 and is expected to be in the upper three-digit million range. “Atomic exit, immediately!” BUND expert for energy policy, Tel. (030) 2 75 86-562, mobile: 01 76/31 26 79 36, juliane.dickel (at), Lia Polotzek, BUND expert for economic and trade policy, Tel . (030) 2 75 86-520, mobile: 01 75/5 72 99 61, lia.polotzek (at) and BUND press office (Sigrid Wolff / Daniel Jahn / Judith Freund / Heye Jensen), Tel. ( 030) 2 75 86-425 / -531 / -497 / -464, presse (at)


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