German LNG Terminal Operator sues European Commission, as Amnesty Int’l Appeals to Germany on Afghan Refugees

In a significant development within the European energy sector, the Hanseatic Energy Hub (HEH), operator of Germany’s first onshore liquefied natural gas (LNG) terminal, has initiated legal proceedings against the European Commission. The lawsuit stems from the Commission’s decision to approve state aid for a rival LNG terminal project in Brunsbüttel, which HEH contends could proceed without such subsidies.

The case highlights the complexities of state aid in a competitive market and raises questions about the role of government support in ensuring energy security, especially in the context of Germany’s efforts to diversify its energy sources following the reduction of Russian gas supplies. The HEH argues that the approved subsidies encourage economic inefficiency and distort the market by allowing the Brunsbüttel project to operate with a financial advantage that is not available to all market participants.

Here are the key points of their legal challenge:

Lack of Incentive Effect: HEH contends that the state aid authorized for the rival project lacks an incentive effect because the project was feasible without the aid. They argue that the beneficiaries would have proceeded with the construction of the LNG terminal regardless of the state support, as evidenced by HEH’s own terminal being developed without such aid.

Absence of Market Failure: The lawsuit also suggests that the aid is neither necessary nor appropriate due to the absence of market failure. HEH believes that the funding gap claimed by the beneficiaries is a result of their economically inefficient activities, such as setting too low prices for long-term supply contracts, rather than a genuine market failure.

Questionable Appropriateness of Aid: HEH raises concerns about the calculation of the funding gap and the amount of aid, arguing that the aid exceeds what is needed. They assert that the European Commission did not adequately consider that both the preferential dividend and the state’s participation in the project constitute aid, which a private investor would not have provided due to a lack of expected returns.

This legal challenge also underscores the broader implications for the European Union’s internal market rules and the delicate balance between fostering competition and ensuring strategic autonomy in critical sectors such as energy. The outcome of this case could set a precedent for how state aid is viewed in the context of vital infrastructure projects and the extent to which such aid aligns with EU competition law.

The HEH, a private consortium comprising companies like the Buss-Gruppe, Partners Group, Enagás, and Dow, began construction of its terminal in Stade in June and plans to commence operations in 2027. The consortium is taking a stand against what it perceives as an unfair competitive edge given to the Brunsbüttel project, which has received a commitment of €40 million in subsidies, potentially rising to €125 million under certain conditions. This is in addition to the €740 million set aside by the German government in its 2022 budget.

As the case progresses through the EU Court in Luxembourg, it will be closely watched by industry stakeholders, policymakers, and legal experts alike. The decision will not only affect the two terminals involved but could also influence future government strategies on infrastructure development and the role of state aid in achieving policy objectives.

The energy landscape in Europe is at a crossroads, and the resolution of this lawsuit will likely have far-reaching consequences for the region’s energy policy and market dynamics. It is a reminder of the ongoing challenges in balancing market competition with the need for secure and diverse energy supplies in an increasingly complex global energy framework.

Amnesty International Appeal to Germany on Afghan Refugees

Amnesty International, the renowned human rights organization, has recently made a public appeal to Germany regarding the ongoing Afghan Refugee Crisis. The London-based group has urged Germany to persist in its efforts to provide refuge to those fleeing Afghanistan amid concerns that the German government’s initiative could be halted due to financial constraints.

The situation in Afghanistan has been dire since the Taliban’s return to power in 2021, leading to widespread violations of human rights and international law, with women and girls being particularly affected. The crisis has forced many to flee the country, seeking safety and security elsewhere. Amnesty International has highlighted the plight of these individuals, emphasizing the urgent need for countries like Germany to continue their support.

Germany’s program for Afghan refugees, which has been a beacon of hope for many, is at risk of being discontinued. Interior Minister Nancy Faeser is facing criticism for not committing to fund the program beyond the current year. This decision could affect the lives of thousands of Afghans who have already been accepted for transfer to Germany but whose future now hangs in the balance.

The German Human Rights Commissioner has described the initiative as an “important instrument” for protecting Afghans, stressing its essential nature given the challenging circumstances in Afghanistan. Amnesty International has reported on the severe conditions faced by Afghan refugees in neighboring countries, where they encounter legal and financial difficulties, and the looming threat of deportation back to Afghanistan.

The international community has been actively involved in supporting Afghan refugees, who have faced significant challenges since the change in Afghanistan’s government. Various countries and organizations have stepped up to provide assistance, reflecting a global commitment to humanitarian aid.

The United Nations High Commissioner for Refugees (UNHCR) has launched a Regional Refugee Response Plan for the Afghanistan Situation 2023, which aims to support 7.9 million people, including 5.2 million Afghans and 2.7 million local hosts across five neighboring countries: Iran, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. These countries collectively host approximately 8.2 million Afghans, over 2 million of whom are registered refugees. The plan seeks $613 million in funding to address the needs of these individuals.

In the United States, Operation Allies Welcome was initiated by President Biden, directing the Department of Homeland Security to lead efforts in supporting vulnerable Afghans, including those who worked alongside the U.S. in Afghanistan, as they resettle in the country. This operation involves a comprehensive approach, including initial processing, COVID-19 testing, and coordination with various governmental and non-governmental organizations for resettlement.

Other countries that were part of the International Security Assistance Force have established special programs to allow thousands of Afghans to resettle in North America or Europe. These efforts are guided by the principle of non-refoulement and the U.N. Convention Against Torture, ensuring that refugees are not returned to a country where they face serious threats to their life or freedom.

The UN has also launched a significant funding appeal for Afghanistan, seeking over $5 billion to support collapsing basic services in the country, which have left millions in need of assistance both inside and beyond its borders. These initiatives demonstrate a collective effort to provide safety and security for Afghan refugees, showcasing the importance of international solidarity in times of crisis. The continued support from various countries and organizations is crucial in offering a lifeline

The call to action by Amnesty International serves as a reminder of the international community’s obligations to uphold the right to seek asylum and protect fundamental human rights. It is a call for solidarity and support for those who have been displaced by conflict and persecution, and a plea to ensure that programs like Germany’s do not fall victim to financial pressures but continue to offer a lifeline to those in need.

The international community watches closely as Germany deliberates the future of its Afghan refugee program. The decision will not only impact the lives of thousands of Afghans but also reflect on the global commitment to human rights and the protection of the vulnerable. The hope is that Germany will heed Amnesty International’s appeal and continue to stand as a pillar of support for Afghan refugees.