Starting over again: The Energy Complaints Board sends three rejected open door projects back to the Danish 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 first two, and CIP and Ørsted, which are behind the latter.
On December 20 last year, the Danish Energy Agency rejected the companies' applications for a feasibility study permit for the projects, as the agency assessed that issuing feasibility studies permits for new commercial offshore wind projects would constitute illegal state aid.
However, the companies did not agree with that decision. Therefore, they appealed the rejection to the Energy Appeals Board, and it has proven to be a good idea. In any case, the appeals board has concluded 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 returned the three decisions for reconsideration by the Danish Energy Agency, the agency states in a statement.
"The Danish Energy Agency will now closely read the appeals board's decisions and, in dialogue with our legal advisors, assess how the board's decisions give rise to an adjustment of the decisions, or whether the case should possibly be brought before the courts in order not to risk granting illegal state aid," the Danish Energy Agency states in the statement.
Not the first defeat for the Danish Energy Agency in open-door cases
This is not the first time that developers have won in the Energy Appeals Board for open-door projects that the Danish Energy Agency had otherwise rejected.
Thus, 12 offshore wind farms that previously had been refused approval, in May also returned for new case processing by the Danish Energy Agency.
At that time, it involved five projects from European Energy, four from GreenGo Energy, two from Vattenfall and one from Bornholm Havvind.
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