Administrative Court of Schleswig-Holstein: Decision of December 14, 1979 on Brokdorf

In this judment the Administrative Court decided that the declaration of nullity of the first partial licence was inadmissible. In the action to set aside the Court had considerable doubts about its admissibility because of the complainants' residences and because of its preclusive effects. In addition it was unfounded. Therefore the action was dismissed. In the grounds delivered, the Administrative Court explains the following: the right to take action, the foreclosure of demurrers, the neighbour-protecting character of Sect. 7 (2) Ziff. 3 of the Atomic Energy Law, the conditions which are to be met before a licence is granted, the applicant's reliability, the filling of the notion 'in the light of existing knowledge in science and technology', the scope of the judicial obligation to get the facts clear, the relevance of the point of time at which the latest administrative decision was made, and waste management provisions. (HSCH)