Wolf Spieth is a partner at Freshfields Bruckhaus Deringer.
JUVE: The Environmental Appeals Act is after, Trianel judgment 'of the European Court of Justice are subject to change. From your perspective, the BMU but shoots beyond the provisions of the judgment. Why?
Dr. Wolf Spieth: The Court had upheld the right of action of environmental groups for environmental law, European law, the origin. The BMU has now taken up with regard to international law Aarhus Convention's proposal, the class action in the future to cover all environmental regulations - between European and national law, without distinction. This leads both to a further strengthening of the association plaintiffs, on the other hand, avoids these problems of definition and additional solution was to be expected, therefore, Sun
How compatible are the strengthening of the associations with the government's efforts to accelerate the energy grid development?
The risk of delay through orchestrated collective action also sees the BMU, the strong suit of the new position of environmental organizations therefore want to face stricter rules of procedure. It should therefore achieve a streamlining of administrative court procedure, as recommended immediately after the Court's decision as a counterbalance to the stronger environmental groups. Whether the new rules accelerate the process really depends on how the courts interpret the legislation in the future. The bill, however, the BMU is understood as a distinct appeal to the legislature to the courts.
Be with a flood of actions not expected anyway, say the organizations. These lacked people and money.
I do not agree with this assessment. Quantitatively, this may be true though. The right of action by well-organized environmental groups is in the approval of industrial and infrastructure projects, but now a major force, which are also aware of the associations. The expanded class action law allows the associations stronger than previously targeted to address key process, which applies to public attention. Each applicant is well advised to take seriously the concerns of environmental groups and deal with them as equals.
Have increased, and out of court settlements which require specific associations in such negotiations?
scope and content of such negotiations are usually confidential. However, they play in the licensing practice an increasingly important role and the new expanded class action law reinforces this trend. Are especially important to avoid negotiations during the approval process with the aim of a court dispute from the outset. The demands of environmental groups range from monitoring and additional mitigation measures on other nature conservation compensation to financial assets.
