On 18. 02. 2020, the Federal Court of Justice (BGH) took a position on the question of whether interest on the EEG levy is to be paid when reporting insufficient quantities of electricity compared to the actual electricity supply. According to the judgment, an electricity supply undertaking infringes the notification obligation i. S. d. § 60 paragraph 4 sentence 2 EEG 2014 pursuant to § 74 sentence 1 EEG 2014 not only if it does not report any electricity supplied at all, but also if it notifies the transmission system operator of a lower quantity of electricity than that actually supplied to final consumers. By introducing maturity interest, the legislator wanted to prevent financing gaps arising for transmission system operators and to ensure that electricity supply companies do not gain an advantage from late payment and thus gain competitive advantages over compliant electricity supply companies ( BGH, Judgment. v. 18. 02. 2020 - Ref: XIII ZR 10/19)

Section § 15a InsO stipulates that managing directors of a GmbH and management board members of an AG must file for insolvency without undue delay, but no later than three weeks after the occurrence of insolvency or overindebtedness if their company becomes insolvent or overindebted. On 20. 03. 2020, the BMJV presented a draft law (CorInsAG) according to which this obligation to file for insolvency for companies affected by the Corona pandemic is to be suspended until 30. 09. 2020, unless the insolvency is not due to the effects of the COVID 19 pandemic or there is no prospect of eliminating an inability to pay that has occurred. It also creates incentives to inject new liquidity into the companies concerned and maintain business relations with them. In addition, for a three-month transitional period, the right of creditors to request the opening of insolvency proceedings will also be suspended. In addition, the draft law for the BMJV contains an authoriz…

The Federal Network Agency (BNetzA) is reacting to the effects of the corona virus and is adapting the mechanism for the tendering of renewable energies and CHP plants. The dates of the call for tenders and the implementation of the call for tenders will not be adjusted in the process. However, the successful bidders will not already be awarded the contract, but will first receive an assurance, so that the deadlines associated with the award will not yet begin to run. In addition, the BNetzA announces that for bids for #Wind energy on land and biomass that have already been awarded the implementation deadlines would be granted unbureaucratically by informal application.

The Federal Ministry of Economics intends to significantly advance the production and use of hydrogen, and has now presented its ideas in this respect in a comprehensive draft of a "National Hydrogen Strategy";. According to the study, CO2-free hydrogen offers great industrial policy opportunities and, due to its many and varied applications, plays a central role in completing the energy revolution. German companies were already leading in hydrogen technologies. This global pioneering role should be secured; numerous measures should make Germany the leading producer of hydrogen produced on the basis of renewable energies.

La Cour d’appel de Berlin s’est prononcée, le 26 mars 2019, sur une question portant sur la forme que doit revêtir la liste des associés d’une GmbH (SARL allemande). Qu’est-ce qu‘une liste des associés?

The #Clearingstelle #EEG #KWKG has already published on December 13, 2018, a notice on #self-sufficiency for so-called general electricity. Self-sufficiency within the meaning of § 61 EEG 2017 also applies in the case of personal identity between the plant operator and the operator of consumption facilities for cooling or heating parts of buildings, community lighting and lifts. In this respect, the Clearingstelle EEG KWKG creates legal clarity for the use of #solar plants and #BHWK in the real estate industry. At the same time, the necessary differentiation from other electrical quantities, e. g. #tenant electricity is pointed out. (Clearingstelle EEG KWKG, Note from 13. 12. 2018 - Ref. : 2018/10)