GSK Stockmann has been advising the State of Mecklenburg-Western Pomerania (Stralsund Mining Authority) in a number of disputes surrounding the “Ostsee LNG” project, including representing the state before the Federal Administrative Court in multiple lawsuits filed against the construction and operation of the OAL Baltic Sea link pipeline.
The firm advised the Stralsund Mining Authority on the energy law planning procedures for the construction and operation of the Baltic Sea link pipeline (Ostsee-Anbindungsleitung – OAL). The OAL, which is around 50 kilometres long, connects two floating storage and regasification units (FSRUs) in the port of Mukran on the island of Rügen to the existing gas pipeline network on the mainland near Lubmin.
Federal Administrative Court dismisses lawsuit from environmental organisations
The environmental organisations Deutsche Umwelthilfe (DUH) and Naturschutzbund Mecklenburg-Vorpommern (NABU) had filed lawsuits against the first maritime section of the pipeline. The Federal Administrative Court dismissed these claims in several rulings on 25 April 2024. The court had previously rejected a number of emergency motions aimed at brining the construction work to a halt.
As the project was conceived to tackle the gas supply crisis, no environmental impact assessment was required due to the exemption under the LNG Acceleration Act (LNGG). The statutory exemption for the OAL is compatible with EU law and the obligation to protect the climate enshrined in the German constitution and was applied correctly by the Mining Authority. There are also no violations of environmental legislation as asserted by the plaintiffs. The project also fulfils the legal requirements regarding plant safety as well as water and nature conservation law.
Ensuring a secure and diversified gas supply for Germany
The OAL project’s particular urgency in the context of securing Germany’s gas supply means that it falls under the special provisions of the LNG Acceleration Act. Its necessity for the German energy sector and the need to guarantee the supply of gas to the general public have been established by law. The project needs to be implemented as soon as possible in order to secure and diversify Germany’s gas supply, which is both in the overwhelming interest of the public and necessary for ensuring public safety.
Andreas Geiger, partner at GSK Stockmann and lead lawyer in the case, comments on the ruling: “The Stralsund Mining Authority expedited the planning approval procedure for the OAL pipeline in accordance with federal law. The Federal Administrative Court has now conclusively confirmed that the decision to approve the project was lawful. We are delighted about this result.”
Advisers of the State of Mecklenburg-Western Pomerania:
GSK Stockmann: Dr Andreas Geiger (Infrastructure Planning, lead), Mareike Hebrock, LL.M. (Infrastructure Planning), Timo Aust (Public Building and Planning Law)
