The energy team at bpv BRAUN PARTNERS has won a landmark ruling, as the lower court confirmed the firm’s opinion that the state implemented the Directive on Electrical Waste incorrectly. This opinion is also supported by a key statement from the European Commission acquired by bpv BRAUN PARTNERS before the case began.
Marc Müller, partner and head of the energy team, commented on this landmark ruling: „We are very pleased to have been able to turn this complicated procedural situation around after six years and that the court found in our favour. We began representing our clients in these matters against the state in 2012 seeking to have the state reimburse what operators never should have paid. Although one judge gave a dissenting opinion, and none of the cases have been decided with final legal effect, it seems that courts are now prepared to grant these claims under certain circumstances. With this confirmation of our argumentation we are of course ready to enforce our clients' claims in other judicial proceedings as well."