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In its ruling of 19 February 2025 (Ref. 76 O 13/24), the Regional Court of Hanover specified the requirements for the proper implementation of electricity concession procedures for Lower Saxony. Among other things, the decision focuses on the question of who is authorised to decide on the (non-)redress of complaints pursuant to Section 47 of the Energy Industry Act (EnWG). The Higher Regional Court of Celle dismissed the appeals against the ruling in its decision of 15 January 2026 (Ref. 13 U 55/25).

We are very pleased: Our colleague Dr Mirko Sauer has been named ‘Best Lawyers: Ones to Watch’ in energy law in the renowned Best Lawyers Ranking 2025, published by Handelsblatt. The award recognises his particular expertise and commitment in energy law, a key field for companies in the energy and climate transition. 🔎 Are you looking for expert legal advice in energy law? Get in touch with us now - we will be happy to advise you.

⚖️ On March 12, 2025 (ref. XII ZR 76/24), the BGH made an important ruling on the design of the contract term for usage contracts for wind turbines: ⏳ If the parties link the start of the contract term to an uncertain event - such as the commissioning of the last planned wind turbine in a wind farm - this is a condition precedent within the meaning of Section 158 Paragraph 1 BGB. The contract is then already binding, but the fixed contract term only begins when the condition occurs. In this case, the term until the condition occurs is indefinite and the usage contract can generally be terminated by ordinary termination in accordance with Section 542 Paragraph 1 of the German Civil Code (BGB). ❗ Practical relevance of the judgment: Even if the contract is open-ended before the condition occurs, the ordinary right of termination can be effectively excluded (including through implied contractual provisions). The Federal Court of Justice recogniz…

ℹ The privileged status that is dragged along allows a non-privileged project to be permitted in the outdoor area by way of exception if it is spatially and functionally connected to a privileged project - e.g. a PV or wind energy system. 📖 The privileged project pulls the non-privileged project behind it, so to speak. You could also say that the privileged project ‘piggybacks’ on the non-privileged project. Similar to a 𝗡𝗲𝗯𝗲𝗻𝗮𝗻𝗹𝗮𝗴𝗲, the part being pulled along must be subordinate to the privileged main project and serve it. Therefore, only ‘𝗯𝗼𝗱𝗲𝗻𝗿𝗲𝗰𝗵𝘁𝗹𝗶𝗰𝗵𝗲 𝗡𝗲𝗯𝗲𝗻𝘀𝗮𝗰𝗵𝗲𝗻’ can be pulled along - after all, who can piggyback on someone who is twice as heavy as themselves? 🛑 For this reason, a stand-alone battery storage unit can never represent a privilege that is pulled along. 𝗦𝘁𝗮𝗻𝗱-𝗔𝗹𝗼𝗻𝗲-𝗦𝗽�…

🔋 Battery storage facilities can o̲h̲n̲u̲u̲n̲e̲g̲s̲p̲l̲a̲n̲n̲ ̲i̲m̲ ̲A̲u̲ß̲e̲n̲b̲e̲r̲e̲i̲c̲h̲ be erected if they ‘serve’ within the meaning of Section 35 (1) No. 3 BauGB - a term that is often misunderstood. 📶 The energy transition places high demands on our energy infrastructure. Many building authorities therefore require battery storage systems to be grid-friendly in order to be granted privileged authorisation. However, the ‘certificate’ from the grid operator that is then usually requested by the building authority is hardly ever issued, as grid serviceability is not a static condition: it is constantly changing and therefore does not represent a reliable basis for privileged authorisation under planning law. Although battery storage systems are capable of smoothing peak loads (‘peak shaving’), among other things, and can therefore be useful for the grid, this is not relevant under planning law. …

Battery storage systems are playing an increasingly important role in the energy transition. But what about the necessary authorisations? 🔍 No BlmSchG procedure necessary: Contrary to what is often assumed, battery storage systems do not require a licence under the Federal Immission Control Act (BImSchG). Instead, only a building permit is usually required. 🌳 Planning law outdoor area: The granting of a building permit in an outdoor area depends on the privileged status of the battery storage system, which is currently not assessed uniformly in all municipalities. There are different views on the categorisation of battery storage systems, which is why argumentation skills are required here. 📜 Development plan: In some cases, a development plan can regulate the permissibility of battery storage systems. It is therefore worth checking the plan carefully! 🏗️ Large storage systems: For large systems, especially if a transformer statio…