// Energy supply

Transparency in the award of concessions

On 18 January 2019, the Leipzig Regional Court ruled that the allocation of concession for the electricity and gas grid to Stadtwerke Stollberg was not legitimate. In particular, the Court found that there had been a breach of the principle of transparency since access to the file was not sufficiently caused by the lack of explanation of the blackening of the file. In addition, irrelevant criteria were used in the selection, as non-binding supplementary offers for cooperation for the operation of the networks were requested so that there was a violation of the prohibition of discrimination. (LG Leipzig, judgment of 18. 01. 2019 - file no. : 5 O 2411/18)
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// Energy supply

Conflict of interests in the awarding of contracts

In its decision of 30 October 2018, the Karlsruhe Higher Regional Court ordered the partial repetition of an award procedure for a strategic partnership in order to participate in the award of a license for the respective local electricity networks, as one of the advisors in the award procedure was in a conflict of interest. At the same time, the consultant had advised the two cities on energy management and also supported the parent company of the successful bidders in court proceedings, which were conducted simultaneously. According to § 5 of the Licensing Ordinance, a conflict of interests already exists if there is a possibility that impartiality may be impaired. (OLG Karlsruhe, Dec. of 30 October 2018 - File No.: 15 Verg. 5/18)
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// Energy supply

Simultaneous self-sufficiency in EEG 2012

Within the scope of application of the #EEG 2012, the district court Tübingen has determined that it is sufficient for self-sufficiency within the meaning of § 37 (3) sentence 2 of the EEG 2012 if the identity of persons between producer and consumer as well as the geographical proximity exist, taking into account the case law of the BFH. The principle of equality of time only came into force with the 2014 EEG and it is not possible to transfer it to the previous versions of the EEG, so that an annual netting between production and consumption can be carried out. (LG Tübingen, Decision of 14th September 2018 - Case Number.: 4 O 374/17)
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// Energy supply

Urgent application concerning the award of the power grid Berlin

A bidder's urgent application for the award of the Berlin electricity grid was unsuccessful also at the appeal stage. The Berlin Appellate Court does not see any legally significant reasons for stopping the proceedings, which are at the stage prior to the selection of the future network operator, at the present time. It cannot determine to what extent the requirements formulated by the Land of Berlin regarding the suitability of bidders at the current stage of the procedure violate the principle of non-discrimination or the requirement of transparency.(KG Berlin, Decision of 25th October 2018 - Case number: 2 U 18/18 EnwG)
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// Energy supply

27. Wind Energy Days “The circus goes on”

The 27th Wind Energy Days from 6th to 8th November 2018 in Linstow are just around the corner and we look forward to presenting and discussing the following topics with you at Forum 5 "Future & Law" on 6th November between 17:00 and 19:00: 17:00 Uhr: "Das EU-Winterpaket – was kommt da auf uns zu?“ – RA Dr. Florian Brahms 17:20 Uhr „Windenergie bis 750 kW – welche Vermarktungsmöglichkeiten ergeben sich?“ – RA Matti Hauer 17:45 Uhr „Anlagenzusammenfassung und negative Strompreise im EEG.“ – RA Dr. Florian Brahms 18:10 Uhr „Datenschutzgrundverordnung – erste Erfahrungen und Urteile“ – RA Matti Hauer 18:30 Uhr „Blockchain & Windenergie – ein Update...“ – RA Dr. Florian Brahms
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// Energy supply

“Make criteria for a customer investment more concrete”

Dr. Andreas Klemm spoke with Dr. Florian Brahms, lawyer in Berlin, published in Energie & Management, about the jurisdiction of the Higher Regional Court Düsseldorf on the demarcation between the grid and the customer system. A short interview on the recent decisions that are of essential importance for contracting and the concretization of the requirements for a #customer plant in the #EnWG and are relevant for the implementation of tenant flow concepts.
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