Karlsruhe. Mindful of the statute of limitations expiring on 31 December 2014, tomorrow, on 23 December 2014, EnBW Energie Baden-Württemberg AG will file a claim for damages in the Bonn Regional Court against the Federal Republic of Germany and the State of Baden-Württemberg. The claim concerns the so-called moratorium for nuclear power plants of 2011 and the subsequent period until the entry into force of the 13th amendment of the Atomic Energy Act on 6 August 2011.
Upon the request of, and in coordination with, the German Federal Ministry for the Environment, on 16 March 2011 the Ministry for the Environment of Baden-Württemberg ordered the temporary three-month stopping of the operation (moratorium) of the nuclear power plants GKN I and KKP 1. EnBW then shut down the plants on 16 March and 17 March, respectively. In the meantime, in their so-called “Biblis decisions”, the Kassel Higher Administrative Court and the Federal Administrative Court in 2013 have issued the final ruling that the directives were unlawful. The central reasons for these decisions are applicable to EnBW.
In light of this background and considering the fact that any potential claims become time-barred by the end of 2014, the Board of Management of EnBW has examined the option of claiming damages – in particular in view of its obligations arising from stock corporation law – to represent the interests of its shareholders. After weighing all relevant aspects and based on information provided by the Supervisory Board, the decision was taken to file a suit for damages. The legal proceedings concerning the same issues which are already underway will provide crucial insights and serve the goal of trial economy.
The damage which EnBW incurred as a consequence of the unlawful directives concerning the nuclear power plants KKP 1 and GKN I are in the low nine-digit figure range.