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On 15 May 2024, the BNetzA published a draft in accordance with Section 29 para. 1 in conjunction with Section 21 para. 3 sentence 4 no. 3 h) and i), sentence 5 EnWG. § Section 21 para. 3 sentence 4 no. 3 h) and i), sentence 5 EnWG, the BNetzA published the draft for the appropriate determination of the distribution of additional costs from the integration of renewable energies (Ref.: BK8-24/001-A). This step is crucial in order to distribute the costs more fairly across all electricity consumers and to reduce the grid fees in regions with a strong expansion of renewable energies. 💡 Background The electricity distribution grids are being expanded and digitalised in order to transport locally generated renewable electricity more efficiently. This grid expansion leads to additional costs that vary from region to region, as wind turbines are mainly installed and operated in the north and large ground-mounted photovoltaic systems are mainly installe…

On 7 May 2024, the Lüneburg Higher Administrative Court strengthened the consideration of climate protection issues in planning approval procedures by means of a ruling (case reference: 7 MS 83/23). A recognised nature conservation association had brought an action against the planning approval decision for the construction of a landfill site. The court found that the climate protection targets in accordance with the Federal Climate Protection Act (KSG) were not sufficiently taken into account in the planning approval procedure. 🚫 🔍 Key points of the decision: ◾ Weighing up errors: climate protection targets must be included in the decision-making process. ◾ Investigation effort: CO2-relevant effects of the project must be determined. ◾ Actionability: Nature conservation organisations can have the proper inclusion of climate protection concerns reviewed in court. The court has restored the suspensive effect of the action, which …

The 4th Senate of the Düsseldorf Fiscal Court ruled on 21 February 2024 that the electricity tax relief for the withdrawal of electricity for electrolysis in accordance with Section 9a (1) no. 1 of the German Electricity Tax Act (StromStG) could not be granted for electricity consumption in chemical production by means of the so-called electric arc process because it is undisputed that no reduction-oxidation processes take place at the electrodes in the process used by the plaintiff. Contrary to the plaintiff's opinion, it is also irrelevant whether the extraction of the electricity serves two purposes. As a result, the 4th Senate of the Düsseldorf Fiscal Court dismissed this action, but allowed an appeal in accordance with Section 115 (2) FGO. In the meantime, an appeal has been lodged against this judgement. The BFH is conducting these proceedings under case number VII R 6/24. Düsseldorf tax court, judgement from 21/02/2024, 4 K 483/23 VSt

The Solar Package I was passed by the Federal Government. The law to increase the expansion of photovoltaic energy generation is to be debated in the Bundestag in autumn and enter into force at the beginning of 2024. In order to accelerate the expansion of photovoltaics and to reduce bureaucracy, the cabinet envisages the following concrete measures: 1. acceleration of PV expansion 2. nature conservation and agriculture 3. stronger support for innovative PV systems 4. reduction of bureaucracy for balcony PV and tenant electricity 5. obligation to tolerate the laying of cables Further information in the article by the federal government. Photo: IMAGO/U. J. Alexander

In its ruling of 03.05.2023, the Higher Regional Court of Düsseldorf decided that if the end consumer has already operated an electricity generation plant as a self-generation plant before 1.09.2011 and consumes the electricity generated in this way itself, it is an (older) existing plant with the consequence that the electricity generated with it is not covered by the EEG levy. This applies regardless of whether the consumption sites supplied with the generated electricity were already supplied from the self-generating plant before the statutory cut-off date. The wording, history, systematics and purpose of the exemption regulations do not provide any indication of a restriction based on the consumption site. Furthermore, the 'Guideline on #own supply' of the Federal Network Agency from July 2016 is not binding for the interpretation of the law, as it neither represents a determination nor has the character of an administrative regulation. (OLG Düsseldo…

The Higher Regional Court (OLG) of Frankfurt am Main ruled in its decision of 29.11.2022 (Ref.: 11 U 110/18 (Kart)) that an energy supply company that does not operate a customer facility but an energy supply network (consisting of a transformer station and low-voltage lines with branches) has no claim under Section 46 (1) sentence 1 EnWG to conclude a simple rights of way agreement with the municipality. In the context of the examination of whether an abuse of a dominant position by a company pursuant to Section 19 (2) GWB exists, the evaluations of Sections 1, 46 (1), 2 EnWG must be observed. Pursuant to § 46 para. 1 EnWG, the municipalities have to make their public transport routes available for the laying and operation of lines for the direct supply of final consumers in the municipal area on a non-discriminatory basis by contract. The three pipelines in dispute serve to supply more than 250 households, which are distributed over several individual …