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Leag and coal opponents argue over cease-and-desist declaration

Environmental activists protested on lignite excavators in the Lusatian opencast mine. The operator Leag responded with declarations to cease and desist. No out-of-court settlement has been reached.

Climate activists protest before the court hearing in Cottbus.
Climate activists protest before the court hearing in Cottbus.

After the climate protest - Leag and coal opponents argue over cease-and-desist declaration

A dispute at the Cottbus District Court between two climate activists and mining and power plant operator Leag over an injunction following protests five years ago is ongoing. A conciliation hearing - intended to settle the dispute out of court - was unsuccessful, according to a court spokesperson. The court has scheduled another hearing for September 19. Either a decision will be rendered or another hearing may be set.

Before the civil trial in Cottbus, some environmental activists demonstrated in front of the courthouse. They criticized the lawsuit for criminalizing civil protest and serving as a deterrent.

The energy company Leag filed an injunction lawsuit against the coal opponents to protect its mining and power plant areas, according to its own statement. The two environmental activists had climbed onto a coal excavator at the Lusatia mining region on February 4, 2019, and occupied it.

The crux of the matter is an injunction claim by Leag, which applies to both the mining site and the power plant. "The injunction claim pertains to the unauthorized entry onto our mining and power plant sites as well as the disruption of our operations," Leag stated. "With the injunction, the parties involved are obligated to pay a predetermined contract penalty in case of violation."

Was the mining or also the power plant operation disturbed?

Ende Gelaende, the environmental group, reported that the defendants had signed the injunction for the mining company but refused to sign for the power plant company, as they were not influenced by the action. A court spokesperson stated that the "preventive injunction claim," which pertains to the power plant operation, was a subject of controversy.

"The injunction claim of the Lusatia Energy Power Plants AG aims to deter and prevent democratic engagement," said the lawyer for the climate activists, Thorsten Deppner. Leag failed to provide a sufficient justification for a disrupted operations sequence at the power plants.

In case of violation of an injunction obligation, a fine of up to 250,000 Euros can be imposed.

The domestic intelligence service classifies the climate protection movement Ende Gelaende as a left-extremist suspicious case. With this classification, the domestic intelligence service can now use intelligence agency methods, such as observation or informants, to evaluate their activities. In the Constitutional Protection Report for the year 2023, there is talk of a "worsening of action forms up to sabotage."

  1. The ongoing dispute at the Cottbus District Court involves climate protest activities that took place five years ago, with environmental activists and mining and power plant operator Leag as the parties involved.
  2. During the conciliation hearing, some environmental activists gathered outside the courthouse, criticizing the lawsuit for criminalizing civil protest.
  3. Leag filed an injunction lawsuit against the coal opponents, claiming that their unauthorized entry onto mining and power plant sites and disruption of operations needed to be halted.
  4. The controversy in this case includes the preventive injunction claim, which pertains to the power plant operation, as reported by the court spokesperson.
  5. According to the lawyer for the climate activists, Thorsten Deppner, the injunction claim against the power plants aims to deter and prevent democratic engagement, and Leag has failed to provide a sufficient justification for disrupted operations at the power plants.

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