News

The BMWi published the first field report on the amended EEG 2017 at the beginning of June 2018. The report serves the purpose of developing recommendations for the further development of the EEG as well as recommendations for the further development of the WindSeeG for the German Bundestag, whereby for the first time it is justified to obtain scientific opinions. With regard to the system integration of renewable energy, the report highlights the challenge of lowering the barrier of mandatory direct marketing from 500 kW to 100 kW. Nevertheless, the share of renewable energies in gross electricity consumption rose to 36. 2 percent in 2017, according to the experience report.

Version 3. 0 of the guideline for feed-in management of the Federal Network Agency was published on 25th June. The guideline represents the efficient implementation of feed-in management from the point of view of the Federal Network Agency within the meaning of §§ 14 and 15 of the Renewable Energy Sources Act (EEG). Version 3. 0 updates the information on the calculation of compensation (hardship compensation in accordance with § 15 EEG) for feed-in management and taking into account compensation in grid fees. Version 3. 0 of the guideline can be downloaded from the of the Federal Network Agency. (BNetzA)

The VIII. Civil Senate of the Federal Court of Justice (BGH) further specified the requirements for price increases for electricity in the basic supply of consumers in its decision of 6 June 2018. Accordingly, the energy supply company must disclose a comparison of all cost factors listed in § 2 (3), sentence 1 no. 5 and sentence 3 StromGVV (including electricity tax, concession levy, apportionments/surcharges under the EEG and KWKG, network fees, fees for operators of energy supply networks and for metering point operators as well as for measuring the net share of costs attributable to the basic supply) in detail before and after the price adjustment. (BGH, Urt. v. 06.06.2018 - Az.: VIII 247/17)

The #BGH recently decided that in the context of the heating cost account, which is according to the legal defaults of § 556a BGB in connection with § 7 BetrKV, it it depends on the actual floor space. There is nothing to the contrary, even in terms of the rental agreement. The BGH's ruling that a #rent reduction only comes into effect in the event of a deviation of 10 % of the contractually agreed total living space of the business entity, but is not transferable to the #heating costs, since it would depend on the objective residential value and not the subjective quality agreement. (BGH, Decision of 30.05.2018 - Az.: VIII ZR 220/17)

Decision of the Higher Regional Court of Munich on the conclusion and content of an electricity supply contract: If the pantograph (here: a trader) starts to obtain energy from the grid of the supplier, an electricity supply contract is concluded. This means that there is no longer any room for the assumption of an alternative supply ratio in accordance with § 38 EnWG. And at what rates? The amount of the paying was not clearly agreed. But the pantograph could only understand that the electricity supplier provided a power connection in such a way that the basic supply tariff was offered. This is because the basic service tariff is to be regarded here as the "usual tariff" for household customers. Professionals can also be household customers if they consume up to 10,000 kilowatt hours per year for commercial purposes. (OLG Munich, final decision of 06.06.2018 – Az.: 7 U 3836/17)

At the "Intersolar 2018 - Trade Fair for the Solar Industry and its Partners" in Munich on 21 June 2018, Dr. Florian Brahms spoke on the topic "Effects of PHOTON module tests on contract design: How can quality be agreed with legal certainty?" Please find the presentation pages under the link below. If you have any questions, please do not hesitate to contact us.