All over again: The Energy Complaints Board sends three rejected open door projects back to the Energy Agency
There is now reason for new hope if one hopes that the offshore wind turbine projects Kadet Banke, Paludan Flak and Vikinge Banke will become a reality in Danish waters.
This is done by the companies Wind Estate, which is behind the two former, and CIP and Ørsted, which is behind the latter.
20. Last December, the Danish Energy Agency rejected the companies' applications for feasibility studies for the projects, as the agency assessed that issuing feasibility studies for new commercial offshore wind projects would constitute illegal state aid.However, the companies did not agree with that decision. That is why they brought the rejection to the Energy Complaints Board, and it has turned out to be a good idea. In any case, the appeals board has come to the conclusion "that the Danish Energy Agency has not sufficiently justified that a feasibility study permit for a specific area constitutes a value for the applicant."
Therefore, the appeals board has now remanded the three decisions for renewed consideration by the Danish Energy Agency, the agency informs in an announcement.
"The Danish Energy Agency will now closely read the appeals board's decisions and, in dialogue with our legal advisers, assess how the board's decisions give rise to an adjustment of the decisions, or whether the case may need to be brought before the courts in order not to risk awarding illegal state aid," states The Danish Energy Agency in the announcement.
Not the first defeat for the Danish Energy Agency in open door cases
It is not the first time that developers have won in favor of open door projects, which the Danish Energy Agency had otherwise rejected, in the Energy Complaints Board.
Thus, 12 offshore wind farms that had previously been refused approval were also sent home in May for new case processing at the Danish Energy Agency.
At the time, it involved five projects from European Energy, four from GreenGo Energy, two from Vattenfall and one from Bornholm Havvind.
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