News

Within the scope of application of the #EEG 2012, the district court Tübingen has determined that it is sufficient for self-sufficiency within the meaning of § 37 (3) sentence 2 of the EEG 2012 if the identity of persons between producer and consumer as well as the geographical proximity exist, taking into account the case law of the BFH. The principle of equality of time only came into force with the 2014 EEG and it is not possible to transfer it to the previous versions of the EEG, so that an annual netting between production and consumption can be carried out. (LG Tübingen, Decision of 14th September 2018 - Case Number.: 4 O 374/17)

Discuss with us at the seminar "Electricity storage in the current energy law" on 20th November 2018 in Frankfurt am Main the current legal framework of #electricity storage, which is constantly changing and becoming more and more complex. All relevant laws, contractual arrangements and operating methods are discussed in detail. We are looking forward to seeing you!

A bidder's urgent application for the award of the Berlin electricity grid was unsuccessful also at the appeal stage. The Berlin Appellate Court does not see any legally significant reasons for stopping the proceedings, which are at the stage prior to the selection of the future network operator, at the present time. It cannot determine to what extent the requirements formulated by the Land of Berlin regarding the suitability of bidders at the current stage of the procedure violate the principle of non-discrimination or the requirement of transparency.(KG Berlin, Decision of 25th October 2018 - Case number: 2 U 18/18 EnwG)

The 27th Wind Energy Days from 6th to 8th November 2018 in Linstow are just around the corner and we look forward to presenting and discussing the following topics with you at Forum 5 "Future & Law" on 6th November between 17:00 and 19:00: 17:00 Uhr: "Das EU-Winterpaket – was kommt da auf uns zu?“ – RA Dr. Florian Brahms 17:20 Uhr „Windenergie bis 750 kW – welche Vermarktungsmöglichkeiten ergeben sich?“ – RA Matti Hauer 17:45 Uhr „Anlagenzusammenfassung und negative Strompreise im EEG.“ – RA Dr. Florian Brahms 18:10 Uhr „Datenschutzgrundverordnung – erste Erfahrungen und Urteile“ – RA Matti Hauer 18:30 Uhr „Blockchain & Windenergie – ein Update...“ – RA Dr. Florian Brahms

Dr. Andreas Klemm spoke with Dr. Florian Brahms, lawyer in Berlin, published in Energie & Management, about the jurisdiction of the Higher Regional Court Düsseldorf on the demarcation between the grid and the customer system. A short interview on the recent decisions that are of essential importance for contracting and the concretization of the requirements for a #customer plant in the #EnWG and are relevant for the implementation of tenant flow concepts.

In contrast to the EEG levy, the offshore levy will increase for the year 2019 according to §17f (5) EnWG. It will be 0. 416 cents per kilowatt hour in the coming year, whereas 0. 037 cents per kilowatt hour were calculated for 2018. The background to this is that the previous offshore liability levy only covered the costs of compensation in the event of disruptions or delays to offshore grid connections. From 2019 onwards, on the basis of the grid money modernization law, valid since July 2017, the costs for the connection of offshore wind farms in the North Sea and Baltic Sea will be added to the then valid offshore grid allocation.