Local residents must have opportunity to share in wind park proceeds, federal court rules

In a decision published yesterday, the Federal Constitutional Court ruled that Mecklenburg-Western Pomerania’s Bürger- und Gemeindenbeteiligungsgesetz (Citizen and Community Participation Act) is compatible with Germany’s Basic Law. The act requires wind park operators to make 20% of company shares available for purchase by residents and communities in the vicinity of the wind park. 

Prof Dr Michael Rodi, IKEM Director and Head of the IKEM Research Academy, said: ‘The energy transition can only succeed if people participate in it. For many years, IKEM has been working on various methods to promote public acceptance of wind turbines. The decision of the Federal Constitutional Court published yesterday reaffirms the constitutional importance of this concern and paves the way for additional participation and financial compensation models. In the spirit of laboratory federalism, it has once again proved worthwhile for individual federal states – in this case Mecklenburg-Western Pomerania – to courageously step forward.

‘Based on the ruling, a comprehensive, nationwide legal framework should now be developed to promote acceptance of the energy transition. This presents additional constitutional hurdles to overcome, in particular the ban on the transfer of tasks from the federal government to municipalities. Here, it will be necessary to assess what measures the constitution will allow and to address legal ambiguities.’

Dr Simon Schäfer-Stradowsky, Managing Director of IKEM, said: ‘With its decision on the law in Mecklenburg-Western Pomerania, the Federal Constitutional Court has also ruled that the law allows for municipal charges that benefit the municipalities where wind and PV projects are located. We are particularly pleased with this development, because we have supported the state of Brandenburg and the federal government in introducing this kind of municipal charge. We see the decision as confirming our legal opinion.’


IKEM – Institute for Climate Protection, Energy and Mobility e.V.