Federal Administrative Court. Judgement of July 9, 1982 (Kruemmel)

This judgement deals with an action for annulment of a preliminary notice given in accordance with section 7 of the Atomic Energy Act, concerning the selection of site for a nuclear power plant at Geesthacht-Kruemmel. The Federal Administrative Court, upon the action for revision on the part of the defendant, reinstituted the judgement of the first instance; the actions for revision brought in by the plaintiff were dismissed. The Court stated that a preliminary notice approving a nuclear power plant site by virtue of section 7 of the Atomic Energy Act can be opposed by a third party with the sustantiated claim that, according to the opinion of the third party, there is no adequate guaranty based on current knowledge in science and technology for prevention of damage at this particular site. The action for revision is not to be deemed inadmissible on the grounds that the plaintiff did not become active to prevent the subsequent part-construction permits from becoming indisputable. (HP)