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Castor containers are transported on a train
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The ban on transporting nuclear power via ports in Bremen violates the Basic Law.
The Federal Constitutional Court declared the regulation null and void because the Free Hanseatic City of Bremen lacks the legislative competence to issue such a handling ban.
The German supreme court announced on Tuesday in Karlsruhe that the federal government alone is responsible for the peaceful use of nuclear energy.
This does not change the fact that the Senate can allow exceptions in general or in individual cases.
(File number 2 BvL 2/15)
In July 2015, after a hearing, the Bremen Administrative Court turned to the Constitutional Court with the question of whether the Bremen regulation violated the Basic Law and the so-called principle of federal loyalty, which prohibits the federal state's legislative competence from being circumvented.
A fuel element manufacturer from Lingen, a nuclear transport company from Hanau and a company for nuclear waste disposal from Essen had applied for special permits to stop loading, unloading and reloading.
According to the court announcement, they all have transport permits from the Federal Office for Radiation Protection under the Atomic Energy Act, "in which the transport route via the ports of Bremen is expressly permitted as a transport route."
The state government rejected exceptions.
The companies went to court.
More soon at SPIEGEL.de.
svs / dpa
