With the decision of the German Federal Administrative Court of 19.12.2023, the operators of wind turbines have to accept subsequent curtailment of wind turbines. The nature conservation authorities are authorised to issue subsequent regulations in order to prevent violations of the prohibition of the killing and injuring of protected species under § 44 Section 1 No. 1 of the German Federal Nature Conservation Act (BNatSchG).


As a result of the amendment to § 45b Section 7 BNatSchG, bat boxes should no longer be installed within a 1,500 m radius of wind turbines. However, in the court judgment of the BVerwG 4 A 11.21 ( margin no. 100) of 31 March 2023, this should not apply if the bat boxes are installed as part of a measure in accordance with § 44 Section 5 Sentence 3 BNatSchG. The installation of bat boxes does not increase the risk for bats, as the roost is already in the risk zone.


Decisions of the German Federal Administrative Court on the subsequent curtailment of wind turbines and installation of bat boxes in a 1,500m radius of wind turbines