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Structural plant in the sense of the EEG

What is "building structure"; within the meaning of the EEG? The Clearingstelle EEG KWKG commented on this in an arbitration award dated 11 January 2019. The parties to the arbitration proceedings had it clarified whether a site on which fills and excavations had been carried out for the construction of a transmitter and on which certain structural elements had been installed is to be classified as "other structural installation"; and whether a corresponding claim for funding thus exists. The Clearingstelle affirmed this and made it clear that an area can simultaneously have the characteristics of a conversion area and another building structure. In this respect, there is no relationship of exclusion or superiority/subordination between the acts of promotion in the EEG.
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BNetzA must disclose bid values anonymously

The OLG Düsseldorf has decided that the BNetzA is obliged to anonymously disclose bid values from the tender for wind energy. One unsuccessful bidder argued that it could not be ruled out that knowledge of the bid amount might provide the complainant with further indications of an inadmissible price agreement pursuant to Section 34 (1) b) EEG 2017. The Düsseldorf Higher Regional Court granted this to the extent that, in connection with the location and type of plant, which can also be seen from the bid, conclusions can regularly be drawn about the profits with which the respective bidder has calculated, which is why the bids would only have to be disclosed anonymously. (OLG Düsseldorf, Resolution of 14. 11. 2018 - Ref. : 3 Kart 6/18)
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Market Master Data Register (MaStR) online now!

The Market Master Data Register (MaStR) is the register for the German electricity and gas market and is managed by the Federal Network Agency. In MaStR, the master data for electricity and gas generation plants must be registered. In addition, the master data of market players such as plant operators, grid operators, and energy suppliers must be registered. MaStR is available online not only to the authorities but also to market players and the public. At the same time, various existing registration obligations are to be bundled in the market master data register. Due to the repeated postponement of the opening of the web portal, however, the registration obligations could only be fulfilled insufficiently so far or had to be carried out for EEG plants in the plant register.
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Claim for land register correction vs. legal situation in rem

A judgment on a land register correction claim does not at the same time also determine the legal situation in rem. This was decided by the BGH in a ruling of February 2018, thus positioning itself on a question that has long been controversial in jurisprudence and literature. In the specific case, legal advisers had sued on behalf of their clients for rectification of the land register, rather than for restitution of property with obtaining a corresponding priority notice. In the opinion of the BGH, this application was not far-reaching enough. Rather, a decision on the ownership situation of the property should have been requested in order to meet the interests of the clients. (BGH, judgment of 09. 02. 2018 - Az. : V ZR 299/14)
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First certification of a Smart Meter Gateway

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.
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„Sustainable Building Commission »

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