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// Biogas

Market Master Data Register (MaStR) online now!

The Market Master Data Register (MaStR) is the register for the German electricity and gas market and is managed by the Federal Network Agency. In MaStR, the master data for electricity and gas generation plants must be registered. In addition, the master data of market players such as plant operators, grid operators, and energy suppliers must be registered. MaStR is available online not only to the authorities but also to market players and the public. At the same time, various existing registration obligations are to be bundled in the market master data register. Due to the repeated postponement of the opening of the web portal, however, the registration obligations could only be fulfilled insufficiently so far or had to be carried out for EEG plants in the plant register.
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// Construction law

Claim for land register correction vs. legal situation in rem

A judgment on a land register correction claim does not at the same time also determine the legal situation in rem. This was decided by the BGH in a ruling of February 2018, thus positioning itself on a question that has long been controversial in jurisprudence and literature. In the specific case, legal advisers had sued on behalf of their clients for rectification of the land register, rather than for restitution of property with obtaining a corresponding priority notice. In the opinion of the BGH, this application was not far-reaching enough. Rather, a decision on the ownership situation of the property should have been requested in order to meet the interests of the clients. (BGH, judgment of 09. 02. 2018 - Az. : V ZR 299/14)
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// Energy law

First certification of a Smart Meter Gateway

The Federal Office for Security and Information Technology (#BSI) issued the first certificate based on the protection profile for the #Smart #Meter #Gateway according to a press release dated 20. 12. 2018. Now, at the customer's request, an intelligent measuring system can already be installed. The obligatory #rollout for #SmartMeter by the responsible #measuring point operator, however, does not begin until a total of three successful certification procedures have been completed, cf. § 30 Messstellenbetriebsgesetz (#MsbG), whereby, according to information from the BSI, a further eight certification procedures are currently in progress.
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// Construction law

„Sustainable Building Commission”

The "Commission for Sustainable Building" presents recommendations for sustainable housing and urban development: "The federal government's housing offensive must become more ecological.".
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// Energy law

Transparency in the award of concessions

On 18 January 2019, the Leipzig Regional Court ruled that the allocation of concession for the electricity and gas grid to Stadtwerke Stollberg was not legitimate. In particular, the Court found that there had been a breach of the principle of transparency since access to the file was not sufficiently caused by the lack of explanation of the blackening of the file. In addition, irrelevant criteria were used in the selection, as non-binding supplementary offers for cooperation for the operation of the networks were requested so that there was a violation of the prohibition of discrimination. (LG Leipzig, judgment of 18. 01. 2019 - file no. : 5 O 2411/18)
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// Economy law

Concretisation into a citizen energy company in the EEG 2017

In its decision of 5th September 2018, the Higher Regional Court (OLG) of Düsseldorf has determined the requirements for a citizen energy company and for the permissible form of the management authority in a GmbH & Co. KG in concrete terms. Accordingly, the authority of the management of a civil energy partnership to decide on the amount of the bids to be submitted, to increase limited partnership contributions or to accept limited partners does not lead to an erosion of the voting rights of the shareholders of a civil energy partnership contrary to the purpose of § 36g EEG 2017. (OLG Düsseldorf, Decision of 05.09.2018 - Case No.: 3 Kart 80/17 (V))
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