News

The Federal Office for Security and Information Technology (#BSI) issued the first certificate based on the protection profile for the #Smart #Meter #Gateway according to a press release dated 20. 12. 2018. Now, at the customer's request, an intelligent measuring system can already be installed. The obligatory #rollout for #SmartMeter by the responsible #measuring point operator, however, does not begin until a total of three successful certification procedures have been completed, cf. § 30 Messstellenbetriebsgesetz (#MsbG), whereby, according to information from the BSI, a further eight certification procedures are currently in progress.

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

In its decision of 5th September 2018, the Higher Regional Court (OLG) of Düsseldorf has determined the requirements for a citizen energy company and for the permissible form of the management authority in a GmbH & Co. KG in concrete terms. Accordingly, the authority of the management of a civil energy partnership to decide on the amount of the bids to be submitted, to increase limited partnership contributions or to accept limited partners does not lead to an erosion of the voting rights of the shareholders of a civil energy partnership contrary to the purpose of § 36g EEG 2017. (OLG Düsseldorf, Decision of 05.09.2018 - Case No.: 3 Kart 80/17 (V))

In its decision of 26. 09. 2018, the Higher Regional Court of Hamm confirmed that the evidence required for claiming financial support for the modernization of a hydropower plant in the Renewable Energy Sources Act (EEG) must already have been provided in the pre-trial phase. The purpose of the possible verification by an expert under the EEG is to enable the grid operator to determine whether the requirements have been met. If this is not possible due to a lack of information in the expert opinion, it can no longer be done in court proceedings, as otherwise the cost risk would be shifted to the network operator. (OLG Hamm, Decision of 26th September 2018 - Case No.: 30 U 4/18)

At the "27th Wind Energy Day"; in Linstow on 6 November 2018, attorney Dr. Florian Brahms gave a lecture on the subject of "Summarising plants and negative electricity prices in the Renewable Energy Sources Act". Please find the presentation slides under the following link. If you have any questions, please do not hesitate to contact us.

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)