The Bavarian Administrative Court has rejected once more the claim brought by the Bavarian Society for the Protection of Birds (LBV) against the construction of a wind turbine. The LBV argues that rare bird species are threatened by the new wind turbine. Its actions before several German courts were dismissed based on the argument that legal action can only be taken if one’s personal right has been violated. However, according to EU Law and the so-called Aarhus Convention, every person has the right to bring a claim against activities which impact the environment. It is not clear yet whether the association will appeal. If it does, the case could set a precedent.
Germany: Claim rejected once more