Entitlement to transfer when awarding a concession

On 26 July 2018, the Higher Regional Court of Stuttgart decided that in the event of a new concession being awarded, the transmission of an electricity and gas network in accordance with § 46 (2) sentence 2 EnWG also basically includes the high-voltage and high-pressure plants, as far as these are required for the new concessionaire to carry out his supply tasks. The regulation is constitutionally unobjectionable. The takeover claim, therefore, includes high-voltage and high-pressure lines, high-voltage to medium-voltage substations, gas pressure control and measuring systems, even if they are used in combination, i. e. which serve both to supply the municipal area and to or from outside the municipal area. (OLG Stuttgart, Decision of 26.07.2018 - Case No.: 2 U 4/17)