German utility EnBW announced today that it would not file a legal complaint at the Constitutional Court over the cost of the German government’s nuclear exit.

Fellow German energy firms E.ON, RWE and Vattenfall have already lodged complaints at the bills they were each left with after the Merkel government’s nuclear withdrawal last year following the Fukushima disaster.

However, EnBW said it believed that its ownership structure would prevent it from being able to file such a complaint: 46.75 per cent is owned by the German state of Baden-Wurttemberg, another 46.75 per cent owned by local municipalities and just 0.39 per cent is privately held shares. 

All four nuclear power plant operators suffered a sharp drop in profits as a result of having to shut down some reactors last year, but EnBW was the worst affected, as more than half of its electricity in 2010 was generated from nuclear plants. 

According to a statement, EnBW remains confident the Constitutional Court will consider EnBW’s economic interests “in the case of a successful complaint by its competitors to ensure equal treatment and not to distort the competitive environment”.