In today`s ruling, the European Court of First Instance has dismissed the case filed by the municipal utilities of the towns of Schwäbisch Hall, Tübingen and Uelzen on the matter of provisions for the decommissioning of nuclear power plants. The European Court does not consider these provisions to be a state subsidy. This also confirms the former Federal Government`s stance that in Germany the provisions for nuclear asset retirement were made rightly regarding both the reason for them and their extent. The German Atomic Forum expressly welcomes this confirmation of the German practices of providing for nuclear power plant decommissioning.
The European Commission was taken to court by the three above-mentioned municipal utilities. Subject of the claim was the Commission`s refusal to open an examination procedure against the Federal Republic of Germany for allegedly having granted subsidies by the current practices in connection with provisions for nuclear asset retirement and thereby adulterating competition. At the time, the Commission justified its objection to a major examination procedure by arguing that such provisions do not represent subsidies that adulterate competition. This has now explicitly been confirmed by the European Court of First Instance.