Criticism of the standstill: BVerwG calls for quick regulation of EU energy funding!

Criticism of the standstill: BVerwG calls for quick regulation of EU energy funding!

On June 28, 2025, the President of the Federal Administrative Court, Andreas Korbmacher, called for a rapid follow-up to the EU Emergency Regulation. This regulation, which expires on June 30, has significantly accelerated the approval process for renewable energy, allowing for timely approvals for relevant projects. The President expresses the hope that the Bundestag will immediately implement the necessary follow-up regulations to ensure a smooth transition. However, given the failure of the traffic light coalition, this could become a challenge.

The existing EU emergency regulation, issued on December 22, 2022, serves to accelerate approval processes for the generation of renewable energy. According to the regulation, all necessary permits for the construction, operation and grid connection of systems, such as solar energy systems, will be approved within specified deadlines during the period of validity. This also applies to smaller projects that are already running under easier conditions.

Consequences of a missing connection

Korbmacher warns that without the follow-up regulation, two different approval processes could arise: Projects submitted by June 30, 2025 benefit from the current regulation, while new applications after this date are subject to different conditions. This concern relates to the legally established deadlines, which stipulate that solar energy systems can be approved in three months if the applications are not primarily designed for solar energy.

The regulation also stipulates that for smaller solar projects that have a maximum capacity of 50 kW, approval is deemed to have been granted if no response is received within one month. Such regulations place a clear focus on the development of new renewable energy sources and emphasize the public interest in the planning and operation of these systems.

In addition, the regulation states that environmental impact assessments can be suspended under certain conditions in order to further accelerate the procedures. The Commission will review the regulation by December 31, 2023 and has the possibility to propose an extension of its period of application.

The current situation, which Korbmacher describes as “not a good situation”, illustrates the urgency with which a connection regulation is required. The window of opportunity is closing and the need for clear, rapid regulation is immense. Otherwise, projects to promote renewable energies could fail due to bureaucratic obstacles and endanger Germany's ambitious climate goals.

The regulation itself remains in force until further notice and the impact of a possible lack of connection regulation could be far-reaching, both for the energy transition and for the legal security of the players in this market. Therefore, political responsibility here may be crucial for the future success of renewable energies in Germany.

For detailed information on the original regulation, please visit EUR-Lex as well as the current reporting at Tixio.