berlin-5211795_1920
| Energy supply

Incorporation of the neighbourhood concept in the new Building Energy Act (GEG)

On 18. 06. 2020 the Bundestag passed the Building Energy Act (GEG) on the energy requirements for buildings (BT Drs. 19/16 716 and BT Drs. 19/20 148). The Federal Council is due to approve on 3. 07. 2020 . The GEG combines the Energy Saving Act with the Energy Saving Ordinance and the Renewable Energy Heat Act and links requirements on energy efficiency and the use of renewable energies. For the future development of urban energy concepts, the innovation clause in § 103 GEG and the neighborhood solution contained in § 107 GEG contain a neighborhood approach, which must be made fruitful for other areas of the energy economy. § 107 GEG clarifies that an efficient and sustainable heat supply of buildings can also be implemented by means of neighbourhood solutions. According to the innovation clause, not every single building has to meet the energy requirements if the balance sheet in the neighborhood is correct.
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strommast-2288908_1920
| Energy supply

BGH specifies the scope of the transfer entitlement of the new concessionaire

With its decision of 07. 04. 2020, the BGH has clarified the scope of the transfer entitlement of the new concessionaire vis-à-vis the previous operator of the general supply network pursuant to § 46 para. 2 sentence 2 of the EnWG. According to this, high-voltage and high-pressure pipelines in the municipal area are also part of the local distribution network if the system cannot be disregarded without the new concessionaire no longer being able to fulfill its supply tasks as the former system operator did, and the pipeline system has a more than insignificant role in local supply. The right of transfer is not limited to installations to which customers are directly connected. (BGH, UrtDec. of. 7. April 2020 - Case No.: EnZR 75/18)
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| Energy supply

BGH specifies requirements for complaints in the award of concessions

In its ruling of January 28, 2020, the Federal Court of Justice (BGH) specified the requirements for a complaint of nullity of a concession agreement in the context of the right of the supply network to transfer the rights to the new concessionaire. It must be shown that, given the overall circumstances of the case, it is at least possible that the award of the concession was based on the erroneous tender or the erroneous evaluation of the tenders. The concession contract shall not be considered null and void if the party whose rights have been infringed has had sufficient opportunity to defend its right to a selection decision before the conclusion of the concession contract but has not exercised that right. It must always be checked during the concession procedure whether there is discrimination and a direct complaint must be lodged against it ( BGH, Judgment. v. 28. 01. 2020 - Ref: EnZR 116/18)
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industry-1300896_1280
| Energy supply

District heating network as a sham component in the sense of the BGB

In the dispute about the district heating network in Stuttgart, the OLG Stuttgart ruled on 26. On 3 March 2020, the Federal State Capital, as the owner of the land, decided that the district heating network which had been laid on its land did not become the property of the City of Hamburg. Rather, the district heating transport system would remain the fictitious property of the operator EnBW. Nor, in the absence of a corresponding termination clause, does the contract of use concluded between the parties impose any obligation on EnBW to transfer ownership of the district heating network to the Land capital. The court only granted the Stuttgart company's auxiliary request that it, as the owner of the land, could demand the removal of the heat supply facilities after the concession contract had expired.
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frost-4939786_1280
| Energy supply

Maturity interest on EEG levy in case of insufficient reporting by the utility company

On 18. 02. 2020, the Federal Court of Justice (BGH) took a position on the question of whether interest on the EEG levy is to be paid when reporting insufficient quantities of electricity compared to the actual electricity supply. According to the judgment, an electricity supply undertaking infringes the notification obligation i. S. d. § 60 paragraph 4 sentence 2 EEG 2014 pursuant to § 74 sentence 1 EEG 2014 not only if it does not report any electricity supplied at all, but also if it notifies the transmission system operator of a lower quantity of electricity than that actually supplied to final consumers. By introducing maturity interest, the legislator wanted to prevent financing gaps arising for transmission system operators and to ensure that electricity supply companies do not gain an advantage from late payment and thus gain competitive advantages over compliant electricity supply companies ( BGH, Judgment. v. 18. 02. 2020 - Ref: XIII ZR 10/19)
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| Energy supply

Act to accelerate the expansion of power lines on the way

The Federal Government initiates the parliamentary procedure with the draft law for the acceleration of the power line extension of 28. 01. 2019 (BT-Drs. 19/7375). The Act provides for corrections to the Transmission System Network Expansion Acceleration Act"; (NABEG) as well as accompanying amendments to other laws, in particular the Energy Industry Act (EnWG). The law is to lead to an increase in transport capacities through the expansion and upgrading of the high-voltage and high-voltage grids. To this end, the planning and approval procedures in particular are to be simplified.
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