Aktuelles Neuigkeiten aus der Energiebranche

A judgment on a land register correction claim does not at the same time also determine the legal situation in rem. This was decided by the BGH in a ruling of February 2018, thus positioning itself on a question that has long been controversial in jurisprudence and literature. In the specific case, legal advisers had sued on behalf of their clients for rectification of the land register, rather than for restitution of property with obtaining a corresponding priority notice. In the opinion of the BGH, this application was not far-reaching enough. Rather, a decision on the ownership situation of the property should have been requested in order to meet the interests of the clients. (BGH, judgment of 09. 02. 2018 - Az. : V ZR 299/14)

The "Commission for Sustainable Building" presents recommendations for sustainable housing and urban development: "The federal government's housing offensive must become more ecological.".

Following the jurisdiction of the Federal Court of Justice, the Higher Regional Court of Frankfurt, ruled on 31 August 2018 that the purchaser retains the plant and does not have the defect remedied. The damage can be assessed with the remuneration shares attributable to the defective performance on the basis of the remuneration agreed for the plant. In the opinion of the court, an estimate is also permissible if the remuneration components, on which accounted the defective performance, are not disclosed. The OLG follows the more recent case law of the BGH according to which in these cases the purchaser either has the possibility to measure his financial loss or alternatively can limit himself to the consideration of the defective plant itself in comparison to the defect-free plant. (OLG Frankfurt a. M., decision of 20183108 - Case number.: 13 U 191/16)

By decision of 13 July 2018, the Bavarian Administrative Court (Case No.: 8 CE 18.1071) decided that charging stations for electric vehicles may in principle be erected on publicly dedicated road surfaces by municipalities as road construction load carriers without a building permit. The main reason for the decision was that plants of such a size and such a simple nature are not road components that are subject to building law. Rather, road law is applicable here.

BGH decision on building capital: Not only general contractors and property developers, but also subcontractors may be obliged to use the remuneration received for the benefit of the companies which they have commissioned. This also applies if the subcontractor only performs (minor) parts of the construction work. This was decided by the Federal Supreme Court and clarified the application of § 1 BauFordSiG. In the specific case, a subcontractor was commissioned to lay cable routes for a wind farm and in turn commissioned another company to drill the necessary wells, but failed to meet its obligation to pay wages. (BGH, Urt. v. 17.05.2018 - Az.: VII ZR 92/16)