EEG Clearing Agency Informs about New Arbitration Procedure

Clearingstelle EEG (EEG Clearing Agency) informed that since the beginning of 2012 it has been able to conduct arbitration proceedings pursuant to the Code of Civil Procedure to resolve disputes regarding the application of the Renewable Energy Sources Act (EEG).

EEG Clearing Agency serves interested parties with regard to the interpretation and disputes relating to the EEG.

Arbitration proceedings are recommended for cases in which renewable power plant operators and grid operators argue about matters relevant for the the right to claim feed-in tariffs or about grid connection or capacity expansions, since EEG Clearingstelle is entitled to gather the evidence. In addition, arbitration is recommended when the dispute revolves around the question whether advice or recommendations (already) given by Clearingstelle EEG can be applied to the individual case at hand or in cases involving less complex legal matters.

In general, arbitration proceedings will be concluded within three months following its formal beginning. For cases opened in 2012 no fees will be charged.

Clearingstelle EEG does not recommend arbitration for cases that involve complex legal issues or a case that shall have precedence for other cases. For those cases the agency suggests to chose the vote procedure (Votumsverfahren). In the vote procedure Clearingstelle EEG gives a vote on a legal or technical question pertaining to the EEG. The parties have the option to mutally agree to declare the vote binding prior to starting the proceedings.

Apart from arbitration and the vote procedure, EEG Clearing Agency also offers mediation (Einigungsverfahren) and conducts non-binding advice and recommendation proceedings. In advice proceedings, EEG Clearing Agency clarifies questions of general interest relating to the application and interpretation of the EEG. The issues are, however, of lesser importance than the ones resolved in the recommendation procedure and mostly relate to only one type of renewable energy.

Source: Clearingstelle EEG

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