Customer System in EnWG

The OLG Düsseldorf has repeatedly to specify the requirements for a #customer System within the meaning of § 3 No. 24a EnWG. In one of two decisions of the same day the court came to the, in our opinion, correct statement that 20 houses, jointly supplied with current and heat from a #BHKW, only seperated by an unrestricted passable road does not leads to the omission of the condition "Occupancy in a spatially connected area" after § 3 No. 24a lit. a) #EnWG. The free use of the customer's system is also guaranteed if the costs are passed on by way of a rental agreement. (Higher Regional Court Düsseldorf, decision of 13. 06. 2018 - Ref. : 3 Kart 77/17 V)