Confirmed in last instance: FRM II legally in operation

According to the Federal Administrative Court, the Heinz Maier-Leibnitz Research Neutron Source (FRM II) is lawfully in operation. It rejected the appeal by the Bund Naturschutz against the non-admission of an appeal against a ruling by the Bavarian Administrative Court of 18 June 2024. Consequently, this legal issue has been resolved in the last instance and with conclusive effect.

The building of the German Federal Administrative Court (Bundesverwaltungsgericht) in Leipzig. © Adobe Stock / Drubig-Photo

The building of the German Federal Administrative Court (Bundesverwaltungsgericht) in Leipzig. © Adobe Stock / Drubig-Photo

The original lawsuit was aimed at the continuing use of highly enriched uranium for the operation of the FRM II during its transition period. After years of research and development, scientists at TUM have succeeded in proving that a complete switch to low-enriched uranium 235 with less than 20 percent enrichment is possible. The FRM II is consistently moving forward with the implementation through testing and development of the new fuel and will submit the application for approval of the conversion in 2025. Until the conversion is complete, the previous fuel can still be used in accordance with the rulings of the Bavarian Administrative Court and the Federal Administrative Court.

‘Important signal for FRM II’

‘The decision is an important signal for FRM II as one of Europe’s leading facilities for research with neutrons,’ says Prof Christian Pfleiderer, Scientific Director of FRM II. ‘The neutrons we generate are indispensable – for fundamental research as well as for industry, for example in the development of more efficient batteries or better water filtration systems, and not least for medicine, where they are invaluable in cancer treatment.’

The core issue of the legal dispute was a regulation in the FRM II operating licence from 2003. It stipulates that the FRM II must be converted to fuel with a maximum enrichment of 50 per cent uranium-235 ‘as soon as the new fuel has been developed, qualified and is commercially available.’ This requirement was confirmed by the rulings.

The FRM II is currently undergoing maintenance due to the replacement of the central channel, an important component in the reactor pool.