On December 21, 2018, the so-called Energy Collective Law came
into force, amending, inter alia, the German Renewable
Energies Act ("EEG"). This is the seventh amendment to
the EEG 2017 since it came into force on January 1, 2017. Among
other things, an obligation was introduced to equip wind turbines
with need-controlled night-time identification from July 1, 2020.
This obligation also applies to existing turbines; an estimated
18,000 wind turbines in Germany will therefore have to be
retrofitted.
From the current case law, a decision of the Bavarian Higher
Administrative Court of April 3, 2019, on the applicability of the
so-called 10 H regulation is relevant in particular for planners
and operators of wind farms in Bavaria. According to this decision,
the 10 H regulation must also be observed when granting amendment
permits in accordance with the German Federal Emission Control Act
if a valid and binding permit for the wind farm already exists and
neither the
