Castrop-Rauxel - operator . A wind turbine is suing foreign wind turbines - decide Ruhrnachrichten
"The Assembly of Citizens windmill company may, to replace Mr. Henry Breuckmann from his position as manager of the Company Justification: CEO Heinrich Breuckmann is about his wife in the action against the new Wind power plant in Bochum-Gerthe involved
entered in the local press as at the emotional polemic town meeting in Obercastrop Mr. Breuckmann as a spokesman of the critics of the new plant, with the usual accusations against wind turbines -. noise, shadows, shock, ice throw, disfigurement were discussed - the landscape, engaging in the protected landscape, adding to the operator by supposedly highly subsidized feed.
An objective assessment of these allegations, which are all to refute by facts as well as by considering the relevant provisions of the Building Code, § 35 and the adoption of wind power from NRW 2005, failed. This would, however, particularly towards the media, was the duty of the manager of a wind turbine. Although Mr. Breuckmann and his wife have won the action now is to note that under the statutory provisions to be tested values "noise" and "shadow" could not be claimed. The plea "optical distress" is purely subjective, psychological, and thus to decide as a negative environmental effect can not objectively, but according to previous case law only in the individual assessment. Just at this point, the Higher Administrative Court Münster tilted his own earlier case law.
The verdict in this case is based on a dual-face of both the Higher Administrative Court in Münster, as well as the Judge of the VG Gelsenkirchen, who could not determine in a hearing with a visual impairment. The above prejudices against the wind can even against the wind field in Schwerin and against the citizens of the windmill wind turbine be used. The
operated by Mr. Breuckmann negative media response has encouraged the general rejection of wind turbines and the many misconceptions about them again. This brings Mr Breuckmann harm our interests in Erklärungsnot, the reputation of the company (keyword rip-off) and undermined the company's purpose. Here is our opinion within the meaning of the Civil Code § 6712.1 a great breach of our business guide.
who tried to prevent a representative of a wind power plant to another, just because it is to be built near his own residence, is inconsistent and duplicitous, and is not suitable, credible the need for wind energy committed and responsible. Therefore, Mr. Breuckmann as CEO of Citizens windmill company is to choose. "
The verdict in this case is based on a dual-face of both the Higher Administrative Court in Münster, as well as the Judge of the VG Gelsenkirchen, who could not determine in a hearing with a visual impairment. The above prejudices against the wind can even against the wind field in Schwerin and against the citizens of the windmill wind turbine be used. The
operated by Mr. Breuckmann negative media response has encouraged the general rejection of wind turbines and the many misconceptions about them again. This brings Mr Breuckmann harm our interests in Erklärungsnot, the reputation of the company (keyword rip-off) and undermined the company's purpose. Here is our opinion within the meaning of the Civil Code § 6712.1 a great breach of our business guide.
who tried to prevent a representative of a wind power plant to another, just because it is to be built near his own residence, is inconsistent and duplicitous, and is not suitable, credible the need for wind energy committed and responsible. Therefore, Mr. Breuckmann as CEO of Citizens windmill company is to choose. "
Leonore Schröder, Martin Hoffman and 48 other shareholders
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