On 20 January 2023, BUND declared the legal action against the immission control permit for Trianel's coal-fired power plant in Lünen to be settled. This means that the immission control permit for the power plant has become valid.
This is the end of 14 years of legal action, which was brought three times to the Münster Higher Administrative Court, twice to the Federal Administrative Court and once to the European Court of Justice.
The subject of the lawsuit was always the assessment of the pollutant inputs from the power plant under Habitats Directive law. BUND had classified these as FFH-incompatible. However, Trianel was able to prove that there was no doubt about the FFH compatibility by submitting detailed and comprehensive expert reports in accordance with the standards established by the Federal Administrative Court in the meantime.
The court proceedings with their - as the competent senate explained - meanwhile 12,000 sheets of court documents have thus been concluded.
The GÖRG lawyers Dr. Christoph Riese, Katharina Reiners and Dr. Lisa Löffler were active on the Trianel side.
Advisors Trianel
GÖRG Partnerschaft von Rechtsanwälten mbB
Dr. Christoph Riese (Partner, Public Commercial Law, Berlin)
Katharina Reiners, LL.M. (Associated Partner, Public Commercial Law, Cologne)
Dr. Lisa Löffler (Associate, Public Commercial Law, Cologne)