The Higher Administrative Court of Rhineland-Palatinate has ruled in favor of a planned swarm power plant utilizing technology from Munich startup Energyminer. With its ruling of October 15, 2026, the court upheld a decision by the Koblenz Administrative Court and dismissed the appeal by the Federal Republic of Germany. The federal government must therefore grant the applicant Helmuth Portugall the requested permit for a hydrokinetic power plant in the Rhine near Koblenz.
The project plans for 55 so-called Energyfish units from Energyminer, which are intended to generate electricity from the natural river current near the island of Niederwerth. The court clarified that the expansion of renewable energy along federal waterways is also in the overriding public interest. The legal basis for this is Section 2 of the German Renewable Energy Sources Act (EEG).
For Energyminer, the decision holds significance that extends beyond this single project. The ruling strengthens the position of hydrokinetic power plants in future permitting procedures.
Renewable Energy Carries Special Weight
At the heart of the legal dispute was the question of how authorities must weigh shipping interests against the expansion of renewable energy. The Federal Waterways and Shipping Administration had cited, among other things, internal guidelines that fundamentally rule out micro-hydropower installations in navigable channels.
The Higher Administrative Court rejected such a blanket exclusion. Instead, authorities must assess each site individually and give special weight to the public interest in renewable energy.
In this specific case, the court saw no sufficient grounds arguing against the power plant. The planned installations are to be located at least 30 meters away from the shipping lane. While the court does not expect any disruptions to commercial shipping, only canoes, rowboats, and other non-motorized recreational boats would need to steer around to other areas of the Rhine.
Georg Walder, founder and Co-CEO of Energyminer, explains:
“Our rivers deliver energy day and night, in calm winds, and in the depths of winter. Until now, this potential has remained almost untapped right on our doorstep. The Higher Administrative Court has unmistakably confirmed: anyone who harnesses it is acting in the overriding public interest, because this energy serves the common good. The ruling demonstrates the broad reach of Section 2 of the German Renewable Energy Sources Act (EEG) and sends a strong signal far beyond Niederwerth. It will noticeably facilitate many approval procedures for hydrokinetic power plants.”
Energyminer expands swarm power plants in the Rhine
Energyminer develops floating hydrokinetic power plants that operate without dams or major structural interventions in waterways. Each Energyfish is about three meters long and harnesses the kinetic energy of flowing water to generate electricity. Multiple units can be linked together to form a so-called swarm power plant.
Last year, a first large swarm power plant near St. Goar on the Rhine was already approved. A total of 124 Energyfish are set to generate electricity there. According to Energyminer, the first units are now in the water.
The ruling regarding the Niederwerth site now gives the technology additional momentum. However, the decision does not mean an automatic right to approval for every hydrokinetic power plant. Authorities must continue to take specific local conditions into account. Nevertheless, the overriding public interest in expanding renewable energy carries significant weight.
