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Court decisions: Preclusion clause prevents operating stop for Kruemmel nuclear power plant. [Administrative Court of Schleswig, decision 12D 79/83 of Oct. 5, 1983]

Journal Article:

Abstract

According to section 7b of the Atomic Energy Act, once an incontestable permit has been given under section 7 of the Atomic Energy Act, third parties do not have a right of appeal in any subsequent licensing procedure if the said appeal is based on facts which have been put forward already, or could have been brought forward by any third party having had access to information or to the preliminary licence laid open for public inspection. If the licensing authority decided within the margin of discretion provided by the law, the administrative court may not replace this discretion by discretion of the court. If in accordance with section 1 of the Atomic Energy Act an examination of the issues involved may result in a possible decision confirming the licensing authority's view or also the court's view, the court is obliged to accept the decision taken by the licensing authority, due to the principle of separation of powers, unless the licensing authority decided on the basis of incorrect or irrelevant facts, or left out of consideration facts of major importance.
Authors:
Publication Date:
Jan 01, 1984
Product Type:
Journal Article
Reference Number:
FRG-84-06678; EDB-84-128549
Resource Relation:
Journal Name: Energiewirtsch. Tagesfragen; (Germany, Federal Republic of); Journal Volume: 34:1
Subject:
21 SPECIFIC NUCLEAR REACTORS AND ASSOCIATED PLANTS; KRUEMMEL REACTOR; LEGAL ASPECTS; OPERATING LICENSES; COURTS; LICENSES; PUBLIC RELATIONS; REACTOR LICENSING; BWR TYPE REACTORS; ENRICHED URANIUM REACTORS; LICENSING; POWER REACTORS; REACTORS; THERMAL REACTORS; WATER COOLED REACTORS; WATER MODERATED REACTORS; 210100* - Power Reactors, Nonbreeding, Light-Water Moderated, Boiling Water Cooled; 210700 - Nuclear Power Plants- Regulation & Licensing
OSTI ID:
6717935
Country of Origin:
Germany
Language:
German
Other Identifying Numbers:
Journal ID: CODEN: EWTFA
Submitting Site:
HEDB
Size:
Pages: 73-75
Announcement Date:

Journal Article:

Citation Formats

Not Available. Court decisions: Preclusion clause prevents operating stop for Kruemmel nuclear power plant. [Administrative Court of Schleswig, decision 12D 79/83 of Oct. 5, 1983]. Germany: N. p., 1984. Web.
Not Available. Court decisions: Preclusion clause prevents operating stop for Kruemmel nuclear power plant. [Administrative Court of Schleswig, decision 12D 79/83 of Oct. 5, 1983]. Germany.
Not Available. 1984. "Court decisions: Preclusion clause prevents operating stop for Kruemmel nuclear power plant. [Administrative Court of Schleswig, decision 12D 79/83 of Oct. 5, 1983]." Germany.
@misc{etde_6717935,
title = {Court decisions: Preclusion clause prevents operating stop for Kruemmel nuclear power plant. [Administrative Court of Schleswig, decision 12D 79/83 of Oct. 5, 1983]}
author = {Not Available}
abstractNote = {According to section 7b of the Atomic Energy Act, once an incontestable permit has been given under section 7 of the Atomic Energy Act, third parties do not have a right of appeal in any subsequent licensing procedure if the said appeal is based on facts which have been put forward already, or could have been brought forward by any third party having had access to information or to the preliminary licence laid open for public inspection. If the licensing authority decided within the margin of discretion provided by the law, the administrative court may not replace this discretion by discretion of the court. If in accordance with section 1 of the Atomic Energy Act an examination of the issues involved may result in a possible decision confirming the licensing authority's view or also the court's view, the court is obliged to accept the decision taken by the licensing authority, due to the principle of separation of powers, unless the licensing authority decided on the basis of incorrect or irrelevant facts, or left out of consideration facts of major importance.}
journal = {Energiewirtsch. Tagesfragen; (Germany, Federal Republic of)}
volume = {34:1}
journal type = {AC}
place = {Germany}
year = {1984}
month = {Jan}
}