Publications

‘Outdoor battery storage – The odyssey of privilege’ by Schulz

Autor: Dr. Patrick Schulz

ER Journal for all aspects of energy law practice. Issue 1.26, p. 3 ff.

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‘Distinction between grid connection and grid expansion – fee regulations for singularly used operating resources’ Note by Sauer and Cöster-Kauhl

Higher Regional Court of Düsseldorf, judgment of 10 April 2025, ref. 5 U 2/24: Distinction between grid connection and grid expansion – fee regulations for singularly used operating resources (with comments by Dr Mirko Sauer and Dr Jan Cöster-Kauh)

Autor: Dr. Mirko Sauer // Dr. Jan Cöster-Kauhl

EWeRK 2025, issue 4, p. 146 ff.

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‘Right to choose between preliminary ruling applications pursuant to Section 9 of the Federal Immission Control Act’ Note by Meltendorf

OVG Berlin Brandenburg, judgement of 22 July 2025, 7 A 8/25: Right to choose between preliminary decisions pursuant to Section 9 of the Federal Immission Control Act (BImSchG) (with comments by Leonie Meltendorf)

Autor: Leonie Meltendorf LL.M.

EWeRK 2025, issue 4, p. 144 ff.

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‘Federal Court of Justice ruling on construction cost subsidies: What network operators need to bear in mind’ by Brahms

The Federal Court of Justice has issued a recent ruling on the collection of construction cost subsidies for battery storage projects. Lawyer Florian Brahms sees this as providing greater clarity for the industry.

Autor: Dr. Florian Brahms

neue energie / Issue 11/2025

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‘Sustainable smart city concepts’ Legal contribution by Großmann

CITIZEN PARTICIPATION AND LEGAL INFLUENCE

The transformation towards sustainable and digitally connected cities, known as smart cities, is one of the key challenges of modern urban development. Legislators are pursuing the goal of integrating environmental sustainability, efficient use of resources and digital innovations into an overall urban development concept. Smart city concepts encompass not only the construction of climate-friendly buildings and the expansion of sustainable mobility, but also the networking of data streams and infrastructures.

Autor: Marc Großmann, LL.M. (USYD)

polis EINFLUSS, 03/2025, p. 42

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‘On the collection of a construction cost subsidy (BKZ) for the grid connection of battery storage systems’ by Behr & Brahms

When implementing battery storage projects,
connecting the storage facility to the electricity grid represents a significant
cost factor. The grid operator can initially
demand reimbursement of the costs incurred in establishing the
grid connection itself (connection costs). In addition,
grid operators regularly charge battery storage operators
construction cost subsidies (BKZ)
to cover the expenses incurred for the
construction or reinforcement of the grid’s distribution facilities.
[…]

Autor: Leonie Behr // Dr. Florian Brahms

CuR, 03-2025, pp. 97–103

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‘Contract term and termination exclusion clauses in the usage agreement for the construction and operation of wind turbines’ by Oberpichler & Semper

Federal Court of Justice, judgment of 12 March 2025, ref. XII ZR 76/24: Contract term and termination exclusion clauses in the usage agreement for the construction and operation of wind turbines

Autor: Désirée Oberpichler

EWeRK 2025, Issue 3, p. 112 ff.

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‘Battery storage as a generation plant within the meaning of Section 18 (1) sentence 1 StromNEV – Payment of avoided grid fees for decentralised feed-in from electricity storage facilities’ by Brahms & Behr

Federal Court of Justice, ruling of 26 November 2024, ref. EnVR 17/22: Battery storage as a generation plant within the meaning of Section 18(1) sentence 1 StromNEV – payment of avoided grid fees for decentralised feed-in from electricity storage facilities

Autor: Dr. Florian Brahms // Leonie Behr

EWeRK 2025, Issue 3, p. 102 ff.

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‘Battery storage and “service” within the meaning of Section 35(1)(3) of the German Building Code (BauGB) – The fairy tale of grid serviceability’ by Schulz

Autor: Dr. Patrick Schulz

Journal for German and International Construction and Public Procurement Law (ZfBR), 2025, pp. 429–433

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‘Euphoria as a driver of the urban energy transition’ by Oberpichler

Legal contribution // How green cities can become economic success stories.

Autor: Désirée Oberpichler

polis EUPHORIE 02/2025, p. 42

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