News

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

On 27 September 2018, the Federal Ministry for Economic Affairs and Energy (BMWi) published a draft bill to amend the Market Master Data Register Regulations (MaStRV). The main (necessary) changes are as follows: Greater protection of personal data with regard to publications concerning smaller installations with an installed capacity of up to 30 kW and adjustment of deadlines for delays in the commissioning of the web portal. Registrations of market players, units, EEG and CHP plants and projects, which have been submitted within the first 24 months after the launch of the web portal, should be officially reported as punctual. In addition to linguistic smoothing, there are some fine adjustments regarding registration obligations.

On 14 September 2018 the BGH announced a judgment eagerly awaited by the wind industry. The BVVG has no claim to payment or right of repurchase for the construction of wind turbines on agricultural land which the property owner has acquired at a reduced price from the BVVG. Accordingly, a provision in the purchase agreement is invalid under which the BVVG can skim off from the purchaser the payments received from the wind turbine operator for the permit. The BVVG had justified this provision by averting the exercise of a BVVG repurchase right. However, the BGH did not accept that argument, as a right of repurchase would not be triggered at all by the use of the land for wind turbines. The BVVG may also have a right of withdrawal only if substantial parts of the sold land are no longer used for agricultural purposes but for wind power generation purposes, which was not the case here. (BGH: Decision from 14.09.2018 – Case Number.: V ZR 12/17)

We have joined the German-French Office for the Energy Turnaround in order to provide legal and scientific support for the energy turnaround not only in Germany but also in France via the DFBEW platform. After joining the Forum Contracting e. V. and the Bundesverband Energiespeicher e. V. (German Energy Storage Association) (BVES), we are intensifying our commitment to a climate-friendly and sustainable energy supply by transferring knowledge, advising and supporting associations and platforms in order to meet the interests of our increasingly international client structure.

After a decision of the Higher Regional Court of Saarbrücken of 04. 07. 2018, from #EEG 2012 on, the module-sharp #plant term for #solar plants will be used again. After the BGH still assumed in the EEG 2009 that the "solar power plants" represented the plant, the Higher Regional Court of Saarbrücken could no longer assume that the critical rulings of the BGH should be applied to the newer versions of the EEG, particularly due to the regulations for replacing #modules and for #plant summaries. Together with the regulations of the EEG 2017, in which the legislature counteracted the decision of the Federal Supreme Court, the unintended consequences are likely to have been clarified or averted as far as possible, at least legally. (OLG Saarbrücken, Decision of 04.07.2018 - Az.: 1 U 5/17)

The BMWi published the first field report on the amended EEG 2017 at the beginning of June 2018. The report serves the purpose of developing recommendations for the further development of the EEG as well as recommendations for the further development of the WindSeeG for the German Bundestag, whereby for the first time it is justified to obtain scientific opinions. With regard to the system integration of renewable energy, the report highlights the challenge of lowering the barrier of mandatory direct marketing from 500 kW to 100 kW. Nevertheless, the share of renewable energies in gross electricity consumption rose to 36. 2 percent in 2017, according to the experience report.