The judgment of the Federal Court of Justice has far-reaching significance for the district heating supply in Germany since provisions now apply that are similar to those under sec. 46 of the Energy Industry Act (Energiewirtschaftsgesetz – EnWG) regarding electricity and gas distribution grids.
Through the selection process, cities and municipalities are given the opportunity to have a say in the district heating supply. Possible selection criteria include which bidder is prepared to commit to implementing the municipal heat planning and the municipality’s climate protection targets and to making the necessary investments in the district heating network.
Matthias Albrecht, partner at BBH’s Munich office and lead lawyer in this case, welcomes the judgment: “This judgment considerably increases the options of cities and municipalities for shaping the district heating supply. It enables transparent selection processes in which municipalities can choose the most suitable owner and operator for the district heating network. This encourages investment in the modernisation and expansion of the grids, which in turn will drive forward climate protection.”
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Contact:
Prof. Dr. Ines Zenke
Rechtsanwältin/Lawyer, Partner
Phone +49 (0)30 611 28 40-179
ines.zenke@bbh-online.de
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