News

In its decision of 26. 09. 2018, the Higher Regional Court of Hamm confirmed that the evidence required for claiming financial support for the modernization of a hydropower plant in the Renewable Energy Sources Act (EEG) must already have been provided in the pre-trial phase. The purpose of the possible verification by an expert under the EEG is to enable the grid operator to determine whether the requirements have been met. If this is not possible due to a lack of information in the expert opinion, it can no longer be done in court proceedings, as otherwise the cost risk would be shifted to the network operator. (OLG Hamm, Decision of 26th September 2018 - Case No.: 30 U 4/18)

In its decision of 30 October 2018, the Karlsruhe Higher Regional Court ordered the partial repetition of an award procedure for a strategic partnership in order to participate in the award of a license for the respective local electricity networks, as one of the advisors in the award procedure was in a conflict of interest. At the same time, the consultant had advised the two cities on energy management and also supported the parent company of the successful bidders in court proceedings, which were conducted simultaneously. According to § 5 of the Licensing Ordinance, a conflict of interests already exists if there is a possibility that impartiality may be impaired. (OLG Karlsruhe, Dec. of 30 October 2018 - File No.: 15 Verg. 5/18)

At the "27th Wind Energy Day"; in Linstow on 6 November 2018, attorney Dr. Florian Brahms gave a lecture on the subject of "Summarising plants and negative electricity prices in the Renewable Energy Sources Act". Please find the presentation slides under the following link. If you have any questions, please do not hesitate to contact us.

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)