08-20-2008

Heuking Kühn Lüer Wojtek Successful in "East German Waste Scandal"




Filling of the Vehlitz clay pit with the previously permitted waste may continue. This has now been decided by the Higher Administrative Court judges in Magdeburg in expedited proceedings. The clay pit's operator, Sporkenbach GmbH, thus prevailed once again against the State Office for Geology and Mining. The court confirmed the previous decisions of the Administrative Court which had declared illegal the storage freeze imposed by the State Office and consequently rescinded it.

In the opinion of the Magdeburg judges, the freeze would only have been permissible "for the protection of life, health and material goods of employees or third parties". However, the court was convinced that such threat did not emanate from the storage of waste in the clay pit near Gommern in Jerichower Land County. Against this background, a massive encroachment upon the operating permit such as the storage freeze would not have been admissible, the Higher Administrative Court found.

Legal advice to Sporkenbach GmbH was provided by Dr. Markus Collisy, Partner at the Frankfurt office of law firm Heuking Kühn Lüer Wojtek.

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