DUH/NABU v. Germany (Lawsuits against Binz LNG pipeline (Rügen))

The Federal Administrative Court (Bundesverwaltungsgericht, BVerwG) upheld the planning approval for an LNG connection pipeline linking an offshore LNG facility in the Baltic Sea to Germany’s existing gas transmission network. The case concerned, in particular, the compatibility of the statutory framework for accelerated LNG infrastructure development with EU law and the legal justification for the project on the basis of national gas supply security.

The court followed its earlier judgment of June 22, 2023 (Case No. 7 A 9.22), holding that Section 4 of the LNG Acceleration Act (LNGG) is compatible with EU law, including as applied to the Baltic Sea connection pipeline. The court further held that the legislature’s determination that the rapid integration of LNG into the existing transmission network serves Germany’s national energy supply and that the relevant infrastructure projects are particularly urgent for secure gas supply is binding on the courts to a significant extent. This legislative determination limits the scope of judicial review of whether an actual gas-supply crisis existed.