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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)

On 26 July 2018, the Higher Regional Court of Stuttgart decided that in the event of a new concession being awarded, the transmission of an electricity and gas network in accordance with § 46 (2) sentence 2 EnWG also basically includes the high-voltage and high-pressure plants, as far as these are required for the new concessionaire to carry out his supply tasks. The regulation is constitutionally unobjectionable. The takeover claim, therefore, includes high-voltage and high-pressure lines, high-voltage to medium-voltage substations, gas pressure control and measuring systems, even if they are used in combination, i. e. which serve both to supply the municipal area and to or from outside the municipal area. (OLG Stuttgart, Decision of 26.07.2018 - Case No.: 2 U 4/17)

Within an emergency legal protection, the OLG Düsseldorf has paused the conversion to a so-called #mixed-price procedure for the determination of the surcharge within the scope of the tender for the #minute reserve in the #control energy for a limited period until 15. 10. 2018. In this context, the court decided that, after a summary examination, there were no serious doubts against the invitation to tender by means of the mixed-price procedure, but the legality of the short implementation period (12 July 2018) According to the court, the #BNetzA did not sufficiently evaluate the necessary adjustment processes of the market participants. (OLG Düsseldorf, Decision of 11.07.2018 - 3 Kart 806/18 (V))