Boycotting by paying only parts of the rate because the electricity supplied is generated by nuclear power plants

The Amtsgericht (lowest civil and criminal court) Stuttgart dismissed the action for payment filed by the public utility for being unfounded for the time being. In contrast to cases decided in Hamburg, an action has been filed to set aside the partial operating license granted for the nuclear power station, and a decision on the issue has not yet been made. Furthermore, the fuel cycle centre at Gorleben is not being built. Therefore, it is open to question whether the operating license can be maintained. Due to the monopoly of power supply, the only way to influence the decision of the plaintiff is to lay a lien on her. This does not apply if the operating license is maintained by a final decision. In the comment, the decision is said to be incorrect and riddled with errors. E.g., the obligation to generate electricity in a harmless way is a duty to public good, i.e., it is not an additional obligation under a contract allowing to lay a lien. Besides, the operating license is effective until it is perhaps revoked. Furthermore, it is examined how the error-containing decision may be abolished. (HSCH)