The judicial court in Montpellier has ruled in favour of an immediate four-month suspension of the Aumelas wind farm, located in the Hérault department in southern France. The ruling, delivered on Monday, follows a 2022 complaint by the environmental organisation France Nature Environnement (FNE) Occitanie-Méditerranée against EDF Renouvelables and nine of its subsidiaries. The companies were found guilty of causing the deaths of 160 protected birds, including the lesser kestrel, a species listed as endangered by the International Union for Conservation of Nature.
This unprecedented ruling mandates a shutdown during the nesting period of the migratory species, which occupies the Aumelas plateau before returning to Africa at the end of summer. The site, consisting of 31 wind turbines, is located in a sparsely populated scrubland area approximately 20 kilometres from Montpellier. The court also imposed fines of €500,000 on each operating company, half of which are suspended.
Criminal ruling and economic implications
Bruno Bensasson, former Chairman and Chief Executive Officer of EDF Renouvelables, received a six-month suspended prison sentence and a €100,000 fine, €30,000 of which was suspended. This marks the first criminal judgement against wind farm operators in France. EDF Renouvelables has announced its intention to appeal, asserting that mitigation measures, including cameras and GPS tracking devices on kestrels, have reduced environmental impact.
The court ordered all convicted entities to pay a total of €114,000 to FNE Occitanie-Méditerranée and the same amount to its national body, France Nature Environnement, as compensation for moral damages. An additional €74,087 was awarded for ecological damage, directed to the National Conservation Plan for the lesser kestrel.
Towards legal precedent in wind energy
The judgement aligns with the prosecutor’s recommendations from December, which included similar sanctions. FNE legal adviser Olivier Gourbinot warned that any future operations must be approached with caution to avoid repeat offences. This decision could set a precedent for environmental accountability among wind energy operators in France.
A related case involving the Bernagues wind farm, operated by Energie Renouvelable du Languedoc, a subsidiary of Valeco, is ongoing. The site stands accused of killing a protected golden eagle, with a ruling expected in the coming days. Separately, the Nîmes Court of Appeal ordered the demolition of the Bernagues facility in December 2023 for lacking a valid construction permit. That ruling is currently under appeal before the French Court of Cassation.
