On April 16, 2026, the Higher Administrative Court of Rhineland-Palatinate in Koblenz revoked the building permit for two wind turbines on the Hümmerich hill in the district of Altenkirchen. The project is located within the Westerwald bird sanctuary, making species protection the central issue in the proceedings. The case was triggered by a lawsuit filed by a nature conservation initiative, which deemed the protective measures for red kites and bats insufficient. The court also declared the permit unenforceable, thus halting construction for the time being. This affects not only the project developer but also the further expansion of wind power in sensitive protected areas. (at-kurier: 14.04.26)
Why the building permit failed in court
According to the court, the conditions for the protection of endangered species were insufficient. The fact that the mandated shutdown periods for the red kite only covered six weeks was considered particularly problematic. The plaintiffs and the court also found that the protection of bats fell short of the required standards. Therefore, the Higher Administrative Court deemed the legal basis for the project inadequate.
The case is also significant for another reason. In February 2024, the Higher Administrative Court had already ordered the permitting authority to draft the supplementary provisions in such a way that any impact on the bird sanctuary would fall below the threshold of significance. However, the court now finds that this requirement has still not been met. Thus, the decision did not come as a surprise, but rather follows a lengthy legal dispute.
Species Protection Sets Limits to Wind Power in the Westerwald
According to its own statements, the nature conservation initiative filed a lawsuit against the permit on January 3, 2025. The association therefore interpreted the ruling as a signal extending beyond this individual case. Harry Neumann stated: “The ruling is of nationwide significance and thus groundbreaking for future jurisprudence.” This assessment demonstrates how rigorously procedures in European protected areas are likely to be scrutinized in the future.
The ruling is therefore likely to have consequences for other projects in the Westerwald and beyond. Authorities must ensure significantly more robust safeguards for building permits in protected areas, while wind turbine developers must expect stricter regulations. At the same time, the case makes it clear that the expansion of renewable energies does not automatically take precedence over scientifically sound species protection. Particularly where red kites, bats, and European protected areas are affected, a flawed building permit can quickly be overturned in court.