Example

Here we show you what the typical Declarations to Cease and Desist that RWE is sending out look like. In translating the original, we tried to keep the legal language accurate, yet understandable, and are sorry if we failed at any of the two.

Declaration to Cease and Desist

by Mrs/Ms/Mr [first name, surname]

(hereafter: defendant)

to
RWE Power AG, Huyssenallee 2, 45128 Essen,

(hereafter: plaintiff)

The defendant hereby acknowledges that the plaintiff indefinitely prohibits them from entering the premises of the RWE Power AG. Every violation will be prosecuted; pressing charges of trespassing and any other applicable criminal offences has to be expected. Civil compensation claims and penalties due to a sentencing in accordance with the Criminal Code remain unaffected.

Furthermore, the defendant is bound to the obligation of paying an adequate contract penalty that is to be determined by the plaintiff and, if the parties cannot agree, to be reviewed by the District Court responsible, if they fail to refrain from the following actions:

  • Interfering with the operations of the RWE Power AG, especially the operation of power plants, the company coal transporting railway (Hambach railway) and the operation of the RWE Power AG owned coal mines Garzweiler, Hambach or Inden by means of occupation of premises, railway tracks, overburden excavators and/or operation vehicles/means, and/or impairing or preventing the operations by other kinds of disruptive actions.
  • Setting foot on and/or staying in any of the operating areas and installations owned by the RWE Power AG, especially the terrain of the mines Garzweiler, Hambach and Inden aswell as the premises and installations of the company railway, the premises and installations of the power plants including all auxilliary facilities and the refining facilities.

………………………………………………………………………..
(place, date, signature)