Aktuelles Neuigkeiten aus der Energiebranche

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.".

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)

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)

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)