Appeal body asks DEA to reconsider veto of Danish offshore wind permits

COPENHAGEN, Denmark — The Danish Energy Agency (DEA) has received the Energy Board of Appeal's decisions in three appeals against the DEA’s refusal of a preliminary offshore wind exploration permit under Denmark’s "open-door" scheme.

Last December 2023, the DEA rejected a feasibility study permit for the Kadet Banke, Paludan Flak and Vikinge Banke projects, claiming that issuing these permits for new commercial offshore wind projects would constitute illegal state aid.

Earlier this week, the Energy Board of Appeal referred the three decisions back to the DEA for reconsideration, partly on the grounds that the DEA has not provided sufficient justification that a preliminary exploration permit for a specific area constituted a value for the applicant.

The DEA said it would consult with its legal advisers on this development and whether the case might need to be brought before the courts to avoid the risk of awarding illegal state aid.