In a decision issued at the end of last year (OVG Niedersachsen, 12 December 2025 – 12 MS 43/24), the Higher Administrative Court of Lower Saxony (OVG Niedersachsen) commented on the requirements for decommissioning bonds (Rückbausicherheiten) to be provided for onshore wind turbines, as well as on the requirements for evidence of structural stability in permitting procedures for onshore wind turbines (Standsicherheitsnachweis). Both aspects are relevant in project development and, in also in a transaction context. We have therefore summarised below the court’s key statements.
Background: An environmental association brought legal proceedings against an emission control permit (permit under the Federal Emission Control Act, or Bundes-Immissionsschutzgesetz (BImSchG Permit)) for three onshore wind turbines. In addition to the amount of the decommissioning bond ordered in the BImSchG Permit, the association criticised, among other things, the requirements imposed with respect to the
