The court orders Tukums Municipality to approve the construction of Pienava wind farm

2022 - 06 - 01

COBALT successfully represented Pienava Wind SIA in an administrative case initiated in connection with the decision of Tukums Municipality of 25 March 2020 not to approve the proposed activity – the construction of the Pienava wind farm in Tukums Municipality. On 10 May 2022, the Administrative Regional Court fully upheld the application of Pienava Wind SIA, declaring that the decision of the Tukums Municipality was unlawful and ordering the Municipality to approve the construction of the wind farm.

In its judgment, the court analyzed a wide range of legal arguments, including the impact of the proposed activity on human health, bird species, bats and the landscape. The Court held that, in the process of approving the proposed activity, the economic and social interests of society must be fairly balanced with the interests of environmental protection. However, the Court emphasized that the shift in energy policy towards renewable energy sources is a common public interest. In the judgement the Court made a very important conclusion for the renewable energy industry, namely that the transition to renewable energy sources is not only important for the development of sustainable energy, energy security and the energy independence of the European Union, but also effectively contributes to stopping the adverse effects of climate change and helps to achieve climate neutrality.

On 25 May 2022, Tukums Municipality complied with the judgment of the Administrative Regional Court and adopted a decision to approve the construction of the wind farm in the Tukums Municipality. Pienava wind farm will consist from 22 turbines and it is intended to invest EUR 150 million in its development. Pienava Wind SIA is a subsidiary of Sweden’s renewable energy company Eolus vind AB.

Legal assistance to Pienava Wind SIA was provided by a team of lawyers consisting of the Managing Partner Lauris Liepa, Partner Gatis Flinters, Specialist Counsel Mārtiņš Aljēns and Associate Artūrs Valderšteins.