German Atomic Energy Act Amendment Illegal - Case Comment BVerfG 1 BvR 1550/19

 The German Federal Constitutional Court decided yesterday that the way in which compensation under the Atomic Energy Amendment Act of 10 July 2018 has been organized infringes the German constitution. The court was particulary concerned about implications of the Act towards the right to property, protected under article 14 German constutution. Moreover, the court ruled that due to formal issues the amendment never entered into force. This blogpost discusses the facts of the case, provides background information and provides an outlook on implications of the judgement.
The aftermath of the nuclear phase out in Germany is becoming a never-ending story. It was initiated nine years ago, but now it comes back to haunt the German government with a vengeance. The Swedish energy company Vattenfall initiated proceedings against the compensation-provisions of the Atomic Energy Act at international level (namely ICSID Case No. ARB/12/12, which has been the subject of an earlier post on this weblog), but also at national level in front of the German Federal Constitutional Court (Bundesverfassungsgericht). The latter now issued a judgement in favour of Vattenfall (BVerfG 1 BvR 1550/19).

1 BvR 2821/11,

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