Enercon, Europe’s largest wind turbine manufacturer, has a problem: The decision of the Bavarian Higher Regional Court in Munich about the wind turbine in Kienberg points out that in the E 82 turbine emits pulsed noise. Therefore to any actually measured sound level three decibels would have to be added.
This supplement seriously could question any wind turbine site close to dwellings. As previously reported, the 27th Civil Division of the Bavarian Higher Regional Court now affirmed the pulsed noise and granted a lawsuit by opponents of the wind turbine in Kienberg, Marktgemeinde Rennertshofen.
“To us this verdict is completely incomprehensible”, says Felix Rehwald, spokesman for the largest European wind turbine manufacturer Enercon. The market leader, headquartered in Aurich, Lower Saxony, Germany, sells its wind turbines with the grade “no pulsed noise”. Experts instructed by Enercon have not confirmed pulsed noise so far said company spokesman Rehwald. Now the sentence of the Bavarian court bothers the Enercon-lawyers. They will consider further steps.
Unofficially its almost clear that the company will apply for appeal at the Federal Supreme Court. In that case the judgements of the Court of the District of Augsburg and the Bavarian Higher Regional Court in Munich would be checked for legal and procedural errors. The acceptance of the case at the Federal Supreme Court in Karlsruhe shall be deemed as a not insignificant hurdle.
In 2011 in Germany 895 wind turbines were established of which Enercon has delivered 550. The new E 101 3 MW WT has a hub height up to 149 metres. The windmill [sorry, they always call these machines “windmill” – Marco] type E 82, as it stands in Kienberg, Enercon has sold over 3000 units – all without any status of pulsed noise. That means a strong increase and quick decrease of clear audible noise.
In the meantime the Kienberger “wind miller” Herbert Kugler has experienced his 14th trial in terms of the wind turbine (WT). His lawyers are very surprised that the wind turbine on the Kienberg is questioned by Civil Courts now after all proceedings going as far as to the Administrative Court had been confirmed the legality of the wind turbine and its operation.
From the District Office of Neuburg-Schrobenhausen you can hardly hear anything in that matter. The supervisory authority had approved the plant with a (turbine) hub height of 140 metres (in operation since October 2009) after a comprehensive immission protection legislation proceeding.
The complainants of the Community of Burgmannhofen in the district Donau-Riesagain have complained in their letters to authorities, ministries and MPs about the intolerable situation caused by the sound (noise emission) of the Kienberger Rotor. Meanwhile operator Herbert Kugler too calls the continuous struggle against his authorized wind turbine “unbearable”.
Original German article: http://www.donaukurier.de/lokales/neuburg/Neuburg-Jetzt-zum-Bundesgerichtshof;art1763,2644361
Translation: Marco Bernardi with the friendly assistance of Anna Fabigan
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