Continued validity for the radwaste repository at Morsleben

In contrast to the decision of the District Court of Magdeburg, which cancelled the operating licence for Morsleben, the Federal Administrative Court came to the following decision: 1. Due to the validity of the Atomic Energy Act of the Federal Republic of Germany in the area of accession the licenses for the radwaste repository for low- and medium-level radioactive waste in Morsleben which were granted under the (former) laws of the German Democratic Republic and which continue to be valid according to unification laws, are hereby transferred, by operation of the law, to the Federal Agency for Radiation Protection (Bundesamt fuer Strahlenschutz). The continued validity of such a transferred license is not called into question by the fact that a hearing which was open to the public did not take place before the tranferral. The succession to an operating license under public law does not imperatively require that the new license-holder simultaneously becomes the private owner of the pieces of property which belong to the plant. Decision of the Federal Administrative Court from June 25, 1992 - 7 C 1.92. (orig.)