Lignite exploitation in an open-pit mine is restricted by various factors. The rules of spatial and environmental conditions have to be considered and respected in the design process for lignite deposit development. As an illustration of the problem, this paper presents the example of the open-pit Cottbus Nord in Lusatia, Germany. In the case mentioned, German land authorities allowed mining activity in a restricted natural area (Natura 2000) in order to exploit the resources of the lignite deposit. Mining activity was considered to be a venture of high public importance due to energy production needs and keeping jobs in a region characterized by a high rate of unemployment. In order to compensate for the encroachment into this natural landscape, Vattenfall Europe Mining AG has been obliged to support extensive environmental protection measures. The attitudes of the investor in the legal process aimed at obtaining the mining permit in the protected area have been emphasized in this paper. The conclusions from the German lignite mine Cottbus Nord can be applied in the development process of the Gubin lignite deposit in Poland. In 2009, a new, restricted natural area, Nature 2000 – Jeziora Brodzkie, has been established in the area of the deposit. Therefore, there now exists an almost identical problem to that mentioned above at the Cottbus Nord lignite mine, considering the involved area and the amount of lignite which should be excluded from the mining process. The exploitation of lignite from the Gubin deposit does not require such drastic measures as in the German case; however, a compromise between rational exploitation of the lignite resources and the protection of valuable natural habitats has to be found. A meeting held in the headquarters of Vattenfall Europe Mining AG in Cottbus was an inspiration for this paper. The topic of the meeting was focused on the experience exchange concerning the unprecedented legal process