Tag Archive for 'BGH'

Important BGH Judgement on Obligation to Transfer Ownership Following Change of Concession for Electricity Grid and Nullity of Concession Agreement

The Cartel Senate of the Federal Court of Justice (Bundesgerichtshof – BGH) delivered an important ruling clarifying the obligation of a former concessionaire who operated an electricity distribution grid on land owned by the town Homberg to transfer ownership of the installations to a new concessionaire under Section 46 German Energy Act (EnWG) as applicable until 3 August 2011. The new concessionaire, a company in which the town of Homberg holds a stake, had been awarded the right to operate the grid by the town. Despite an interpretation of the old version of Section 46 EnWG that was favourable for the new concessionaire BGH upheld a judgement by the prior instance to revoke a decision for abusive practice (Missbrauchsverfügung) by Federal Network Agency (BNetzA) against the former concessionaire, ordering him to transfer ownership. BGH argued the new concession agreement was void as the concession was awarded in an intransparent manner.

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BGH: EEG Surcharge Not Unconstitutional

The Federal Court of Justice (BGH) confirmed a ruling by the Higher Regional Court of Hamm (OLG Hamm), dismissing a case brought by the textile company Textilveredlung Drechsel, Selb, against its electricity supplier regarding the surcharge for renewable energy (EEG surcharge).

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BGH Ruling on Gas Price Clauses

In its decision of 31 July 2013, the Federal Court of Justice (BGH) ruled that a standard gas price adjustment clause used by RWE in its general terms and conditions with special consumers (Sondervertragskunden) is invalid. BGH rejected the appeal of RWE, Germany’s second-largest energy supplier. The decision of the BGH follows a preliminary ruling from the European Court of Justice in March.

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ECJ: RWE Gas Price Clauses are Subject to Review of Unfairness

In its decision of 21 March 2013 the European Court of Justice (ECJ) ruled that standard terms in consumer contracts remain subject to review for unfairness if the statutory provisions they reproduce are applicable only to another category of contracts.

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BGH Ruling on Contribution to Costs for Construction or Upgrade of Distribution Installations

The Federal Court of Justice (BGH) has delivered a ruling on contributions by electricity consumers who demand a connection to the electricity grids or the gas grids pursuant to Low Voltage Connection Ordinance (NAV) respectively the Low Pressure Connection Ordinance (NDAV). According to Section 11 NAV respectively NDAV, grid operators can claim contributions for the construction or the upgrade of distributors (Baukostenzuschuss für Verteileranlage).

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BGH Ruling on Suitable Grid Connection Point Pursuant to Renewable Energy Sources Act

In a case concerning the grid connection of a wind farm, the Federal Court of Justice (BGH) annulled the decision of the previous instance, a Higher Regional Court (OLG), in favour of plaintiff (the wind park operator) and referred the case back to the OLG. The ruling sets out BGH’s interpretation of the suitable grid connection point in the sense of Section 5 para. 1 sent. 1 Renewable Energy Sources Act as applicable as of 2009 (EEG 2009).

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BGH Rulings on Need to Object to Price Adjustments Based on Invalid Clauses in Gas Supply Contracts

The Federal Court of Justice (Bundesgerichtshof – BGH) handed down two rulings on gas prices based gas supply contracts with special customers (Sonderkunden). The customers had negotiated contracts in which the price adjustment clauses were void, but they had not objected to price increases for a considerable period of time.

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X Factor: BGH Confirms EnWG and Incentive Regulation Ordinance Amendment

In a decision of 31 January 2012, the Federal Court of Justice (BGH) ruled that last year’s amendments of Section 21a German Energy Act (EnWG) created the necessary legal basis for a general sector-related productivity rate (so-called X factor or Xgen) in Section 9 of the Incentive Regulation Ordinance (ARegV).

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BGH Requests CJEU Preliminary Ruling With Regard to Electricity Price Adjustment Clause

The Federal Court of Justice (Bundesgerichtshof – BGH) recently decided to request a preliminary ruling by the Court of Justice of the European Union (CJEU) concerning the legality of an electricity price adjustment clause (ref. no. VIII ZR 211/10). In May the BGH had already requested a preliminary ruling regarding a gas price adjustment clause in a similar case (ref. no.VIII ZR 71/10).

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First BGH Decisions Concerning Incentive Regulation Ordinance

In its first decisions concerning the Incentive Regulation Ordinance (Anreizregulierungsverordnung – ARegV), the Federal Court of Justice (Bundesgerichtshof – BGH) clarified some controversial issues regarding the ARegV.
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