Publications

“Adjustments to the price change provisions in the planned amendment to the AVB District Heating Ordinance 2024” by Nebel & Sauer

Two years to the day after the Federal Ministry for Economic Affairs and Climate Protection (BMWK) announced the prospect of an amendment to the Ordinance on General Terms and Conditions for the Supply of District Heating (AVBFernwärmeV) and had already prepared a draft bill2 , a new draft bill (as of 25.07.20243), some of which has been significantly amended compared to the previous edition, is now to be used as the basis for another comprehensive amendment to the AVBFernwärmeV (hereinafter AVBFernwärmeV-E).
The first consultation with the federal states and associations has already taken place. Following a second round of consultations, the draft is to be submitted to the Federal Cabinet in late summer 2024. It is expected to come into force at the end of 2024.
This article deals with the planned new regulations for the drafting and amendment of price change clauses in Sections 24 and 24a AVBFernwärmeV-E 2024.

Autor: Dr. Julian Asmus Nebel // Dr. Mirko Sauer

Issue 10/2024 of the Versorgungswirtschaft

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‘The permissibility of residential brothels in mixed-use areas in accordance with Section 6 BauNVO – clarification on the misunderstood concept of ‘milieu-related unrest’’ by Schulz

Autor: Prof. Dr. Christian-W. Otto / Dr. Patrick Schulz

Autor: Dr. Patrick Schulz

Journal for German and International Construction and Public Procurement Law (ZfBR) 2022, 434 ff.

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‘Smart, green & bold? The cities of the future’ by Peresetskaya

Nowadays, it is almost taken for granted that every (German) household has a stable power supply, that you can quickly charge your smartphone at a socket in a café, on the train or at the airport and that you always have your laptop to hand, which can be used anywhere and at any time with the help of a compact charger if necessary.

Autor: Olga Peresetskaya

polis 02/2024, p. 50 ff.

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‘Agri-photovoltaic systems: Legal requirements for construction and operation in the EEG and BauGB’ by Schulze

Autor: Madita Franke LL.M. (née Schulze)

ree 2/2024, p. 88 ff.

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‘Energy Law Commentary’ by Sauer

• § 70 to 77 EEG (109th EL 2022)
• § 54b EnWG (125th EL 2024)
• § 57b EnWG (125th EL 2024)
• § 118 para. 35 – 46, 46b, 46c EnWG (125th EL 2024)
• § 79 to 80a EEG (in publication)

Autor: Dr. Mirko Sauer

Theobald/Kühling (eds.), Energy Law

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‘Practical handbook of concession agreements and concession fees’ by Sauer

‘Awarding’ of qualified easement contracts – Selection procedure/criteria (III) – Criteria for favourable pricing (Chapter E, p. 329 to 361)

Autor: Dr. Mirko Sauer

Kermel/Geipel, Handbuch Konzessionsvergabe, 2nd revised edition 2023

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“Accelerating the energy transition through open regulations” by Nebel

Urban energy concepts arise from the situation, the requirements and the possibilities on site and cannot be controlled “from above” according to a uniform pattern. What new legal developments are there here?

Autor: Dr. Julian Asmus Nebel

polisURBAN DEVELOPMENT 01/2023 p.60 f.

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“Operation of charging columns in municipalities” by Oberpichler

Expansion of the charging infrastructure taking into account municipal allocation policies.

Charging points on municipal land play an important role in promoting electric mobility. On the one hand, improved accessibility to charging infrastructure in cities and municipalities can help make the purchase of an electric vehicle a viable option for citizens. On the other hand, the operation of charging points can also generate revenue and support local businesses.

Autor: Désirée Siekmann (née Oberpichler)

polisMOBILITY 01/2023, p. 72 ff.

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„ «Rote Plakette» for Germany’s air pollution control – Local air protection in the field of tension between European and German law” by Uhlmann

In several European Member States, the nitrogen dioxide limit values of the Air Quality Directive have been exceeded for years, thus violating EU law. In May 2018, the EU Commission initiated the final step of the infringement proceedings and brought an action against the Federal Republic of Germany. The ECJ will now put the German air pollution measures to the test – it remains to be seen whether the ECJ will show Germany the “red card” for its failures. In the meantime, this article is dedicated to the question of how the structure of competences between the EU, the federal government and municipalities in the enactment of local environmental protection measures in air pollution control fragments and interlocks again in the context of legal action by private individuals and environmental associations. The article presents the developments of the current infringement proceedings and attempts to anticipate the central issues of the lawsuit, which has not yet been published.

Autor: Britta Uhlmann LL.M.

in: sui-generis 2018, p. 443

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“Count water sensibly – and pay less. Proposal to avoid unreasonably high costs through changes to the measurement and calibration law for water meters”. by Uhlmann

In most federal states, the use of residential water meters is mandatory. Due to the federal calibration regulations, these water meters must be replaced every five to six years. This is associated with high costs for the users of the flats.

Autor: Britta Uhlmann LL.M.

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