News

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)

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