A French court has ordered the shutdown of the Bernagues wind farm, located in the northern part of the Hérault department, for one year after ruling that its operators were responsible for the death of a golden eagle. The decision, issued by the Montpellier criminal court, found that a malfunction in the bird detection system directly contributed to the fatal collision that occurred in January 2023. The facility, composed of seven turbines, is operated by Énergie Renouvelable du Languedoc (ERL), a subsidiary of the Valeco group, and is situated on the Escandorgue massif near the edge of the Massif Central.
Financial penalties and appeal underway
The court also fined ERL €200,000, with €100,000 suspended. François Daumard, the company’s director, was personally fined €40,000, with €20,000 suspended. Additionally, ERL must pay a total of €35,000 in damages to six environmental associations, along with €3,000 for ecological harm and €1,000 in legal costs per organisation. The court ordered immediate execution of the suspension to prevent further violations. ERL’s lawyer, Philippe Bouchez-El Ghozi, stated that an appeal is being prepared.
Legal precedent and growing regulatory scrutiny
This ruling follows a separate decision handed down three days earlier by the same court concerning the Aumelas wind farm, also in Hérault. In that case, EDF Renouvelables and nine of its subsidiaries were found responsible for the deaths of 160 protected birds, leading to a four-month operational suspension and a combined fine of €5mn. Bruno Bensasson, the former Chief Executive Officer of EDF Renouvelables, received a six-month suspended prison sentence and a €100,000 fine.
Extended legal consequences for Bernagues
The golden eagle involved in the Bernagues incident, tracked via GPS, was the male breeder of a pair nesting near the site since 2008. According to the French Office for Biodiversity (Office français de la biodiversité, OFB), the bird was flying at 50 km/h when it struck a turbine blade. Its remains were discovered six days later at the base of the turbine. The public prosecutor had initially requested higher penalties: €750,000 in fines, including €500,000 suspended, for ERL and €150,000 for its manager.
Parallel proceedings before the Court of Cassation
In addition to the criminal case, a separate administrative proceeding is ongoing. On 7 December 2023, the Nîmes Court of Appeal ordered the demolition of the Bernagues turbines due to the absence of a valid construction permit. ERL has lodged an appeal with the Court of Cassation, and a decision is expected by the end of April. This parallel legal action adds further uncertainty regarding the site’s future.
