The energy transition is increasingly shifting value creation towards decentralized actors: Customers, including Companies, are no longer limited to merely purchasing electricity, but can generate, store, use flexibly, and commercially exploit electricity themselves. The new Electricity Economy Act (ElWG), which came into force on 24 December 2025 (with certain exceptions), creates a new legal framework and implements EU law requirements. At the heart of this development, among other things, is the expansion and promotion of decentralized supply models: Companies will in future be able to participate far more comprehensively in decentralized energy supply models.
In addition to innovations for energy communities and the concept of shared energy use, the ElWG establishes so-called peer-to-peer contracts and power purchase agreements (PPAs), which are intended to enable flexible direct procurement and sale of electricity between market participants. Furthermore, the ElWG specifies the framework conditions for direct lines and defines new roles, such as the role of the "aggregator" or the "organizer".
For companies wishing to position themselves in decentralized energy supply or otherwise benefit from it, this opens diverse structuring options. At the same time, the requirements for structure, compliance, and implementation are increasing, making careful planning and legally sound implementation essential. A distinction must be made between the formal entry into force of individual provisions of the ElWG and their full operational applicability in market, data, and billing processes. Although central provisions on shared energy use will only come into force with a delay on 1 October 2026, a closer look at the new opportunities and obligations for companies is already worthwhile now.
Shared energy use in practice
Austria is implementing EU law requirements with the ElWG, specifically the Electricity Internal Market Directive (EU) 2019/944 in its amended version, as well as the Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources and the Energy Efficiency Directive (EU) 2023/1791. At national level, implementation does not occur in isolation, but within the framework of the “Cheaper Electricity Act”, “Günstiger-Strom-Gesetz” (BGBl I 2025/91), which also amends the Energy Poverty Definition Act (EnDG) and the E-Control Act (E-ControlG) alongside the ElWG, thereby forming a comprehensive electricity market package. The aim of the legislative package is to create a more flexible and cost-efficient electricity system whilst also dampening grid cost developments.
Particularly relevant for companies: The Cheaper Electricity Act promotes system-serving behavior through targeted grid tariff incentives (for example through load-side or feed-in-side flexibility), exempts large electricity storage facilities, from 1 MW feed-in capacity, from demand-side grid usage and grid loss charges for 20 years, provided their use is classified as system-serving (the specific requirements are still to be determined by E-Control ordinance and remain to be seen), and creates new instruments such as flexible grid access in cases of capacity constraints. From 2027, feed-in-related regulations such as the supply infrastructure contribution (up to 0.05 cents/kWh) and peak curtailment of new wind and PV installations (up from 20 kWp) will also come into force, which must be considered when structuring decentralized business models.
The introduction of the "active customer" is one of the central innovations of the ElWG: Active customers are end customers within the meaning of the ElWG who are granted extended rights to generate, store, use, transfer, and market electricity. Active customers may generate, consume, store, and sell electricity; they can operate self-supply installations, obtain electricity via direct lines, and jointly use energy. "Shared energy use" is flexibly designed in the ElWG: Energy exchange no longer occurs exclusively within rigid organizational forms, but can be contractually coordinated between active customers, i.e. end customers, such as companies, and energy communities or third parties. Within a site, multiple billing points can be established and separately supplied or drawn from under contract. Meter readings must be made available to end customers and authorized third parties within twelve hours; suppliers, balance group managers, and aggregators shall receive the data by 3:00 pm on the following day at the latest.
When electricity is shared, whether as an active customer or in the form of an energy community, new supplier obligations must be observed if certain thresholds are exceeded (household customers with generation installations exceeding 30 kW; other active customers and energy communities with generation capacity exceeding 100 kW). These include, for example, the preparation of general supply conditions, the preparation of transparent invoices, and certain information obligations. In addition, participants have the right to choose between monthly or annual invoices. Shared energy use is thus integrated into relevant market and data processes. "Objectively justified" additional costs arising from shared energy use may be passed on by energy suppliers to the active customer. The extent to which energy suppliers will make use of this innovation remains to be seen. In any case, there is a prohibition on discrimination, so that active customers may not be deterred from shared energy use by unjustified cost pass-throughs.
To mitigate the complexity of all these new rights and obligations, the ElWG establishes the role of the "organizer". Unlike the role of the "aggregator" (who is classified as a separate market participant under the ElWG and is subject to corresponding regulatory obligations), the organizer is not a separate market participant but acts as a service provider of and for energy communities and active customers. The organizer does not assume an energy-economic market role and does not act as a supplier, balance group manager, or aggregator in the regulatory sense. In this role, they take on central project-related tasks such as the registration and deregistration of participants, the allocation of energy quantities, internal and external communication, and the organizational handling of shared energy use. With appropriate authorisations, the organizer may conclude electricity supply contracts for active customers or select an electricity supplier. This is intended to benefit active customers through potential "volume advantages" when the organizer concludes multiple electricity supply contracts. For companies, the possibility arises to professionally structure energy sharing models or to act as an organizer themselves. The law thus opens the way for diverse practical models – from site-related solutions to complex, cross-company structures.
A demanding legal framework is emerging, but one that also opens new economic scope for companies:
- Energy communities: The established forms of energy communities are also retained under the new ElWG. From 1 October 2026, the energy community regime will be integrated into the new shared energy use system; new foundations or the dissolution of existing structures is not necessary. Nevertheless, the ElWG creates new thresholds and obligations, which is why a review of existing statutes, rules of procedure, or other contracts is recommended.
- The Citizen Energy Community (BEG) can be organized nationwide and across concession areas and is therefore particularly suitable for larger, location-independent participation models. Since all grid levels are used for electricity supply, there are no structural grid tariff reductions here; the economic added value lies rather in autonomous price setting, balance optimization, and flexible cross-site allocation of generation and consumption. If electricity is organized within a BEG in such a way that it qualifies as shared energy use in the local or regional grid area, the ElWG will in future enable reduced grid usage charges in the local or regional aera. However, there is no elimination of the renewable energy support contribution and the electricity tax.
- The Renewable Energy Community (EEG), by contrast, requires a spatial proximity in the local or regional grid area. Depending on the local or regional extent, benefits on grid tariffs can already be claimed under existing law (ElWOG 2010): (i) Where participants are connected to the same low-voltage grid (grid levels 6-7, so-called local EEG), approximately 57% of grid usage charges can be saved; (ii) where connected to the same medium-voltage level (grid levels 4-7; regional EEG), grid tariff savings are typically around 28% (with exclusively grid levels 4-5 up to 64%). In addition, the electricity tax and certain support contributions regularly cease to apply for electricity quantities allocated within the energy community. Whether the reduction in grid usage charges will change with the introduction of the new ElWG remains to be seen. The actual amounts are to be determined by E-Control by ordinance, although it is not yet known whether such an ordinance will be issued on 1 October 2026 or not until mid-2027.
Significantly, the restriction to a common concession area that has existed to date is eliminated. For example, the founding of a "common regional EEG" that extends across multiple grid operators becomes possible (for example, a transformer station operated by several grid operators, provided the medium-voltage busbars are switchable).
- In addition, the Joint Generation Facility (GEA) remains as a special form: It combines multiple consumers at one site behind a generation facility; the public grid is not used (behind-the-meter). Grid usage and grid loss charges are effectively eliminated entirely for the electricity quantities consumed, so that 100% grid tariff savings can be achieved here. This model is suitable, for example, for commercial properties with multiple tenants or mixed-use properties.
New is that shared energy use enables the establishment of a GEA even with multiple main lines (provided main/riser lines are connected to each other via the same busbars). However, the exemption of such a "GEA in the site area" from electricity tax, as is the case with conventional GEAs, still requires a legislative amendment.
Companies can participate in energy communities in various configurations and assume organizational responsibility. However, with some restrictions: Large companies (with at least 250 employees, annual turnover of at least 50 million euros, or an annual balance sheet total of at least 43 million euros) may not control a BEG (in the sense of a majority capable of amending the articles); small companies only insofar as they are not electricity undertakings. Participation in EEGs is still not possible for large companies. This must be distinguished from the contribution of generation facilities as a non-participating third party, which does not establish membership in the energy community. Electricity undertakings are generally only permitted to participate in shared energy use as "other third parties".
Particular attention should be paid to the expansion of design options for large companies: They can continue to participate in BEGs as before, which in future may benefit from reduced grid usage charges (Note: For large companies, a limit of a maximum of 6 MW generation capacity per metering point applies, which may be contributed to shared energy use; external third parties may contribute generation facilities up to a maximum of 6 MW without being active customers themselves – the third party is not considered a participating grid user here; facilities can also be partially contributed via a participation factor). Participation in EEGs is not possible for large companies, but the newly created possibility of "Shared Energy Use" or the contribution of generation facilities as "non-participating third parties" is open (capacity-related upper limits and grid law requirements apply for larger facilities). In any case, energy communities, including both BEGs and EEGs, must continue to maintain cooperative structures; an energy community is therefore not profit-oriented and may not be used by its participants for such purposes. The participation of companies may not constitute the company's main commercial or economic activity.
Energy communities therefore represent great opportunities for companies under the new ElWG, particularly through (i) the economic integration of their own generation and storage facilities into the cooperative BEG model including grid tariff savings, (ii) participation via the shared energy use model, (iii) the associated cross-site optimization of generation and consumption, or (iv) assuming the role of "Organiser" or technical service provider.
- Peer-to-Peer contracts: Peer-to-peer contracts supplement shared energy use with a purely contractual form of exchange, without requiring an organizational structure such as an energy community. The ElWG defines peer-to-peer contracts as civil law agreements between market participants on the sale or gratuitous transfer of electricity from renewable sources, which are concluded outside of classical supply contracts. The processing, allocation, and settlement of energy quantities occur automatically and can take place directly between the parties or via an Organiser. A separate legal entity structure is not required. Depending on the spatial proximity of the metering points involved, grid usage charges may be reduced; special participation and structural requirements apply to large companies.
- Direct lines: According to the ElWG, direct lines are electrical lines that directly connect generation and consumption facilities and are not part of the public grid. New is that they no longer must be built for exclusive use outside the grid: Direct lines may – subject to compliance with defined protection and switching requirements – be operated in parallel to the public grid and used both for self-consumption and for feed-back. To avoid ring flows, it must be technically ensured that no more than one grid connection is connected to the public grid at any one time. Upon application, a separate metering point is to be established for each energy direction, which can also be assigned to a third party (such as the facility operator).
- Power Purchase Agreements (PPA): Power Purchase Agreements (PPAs) are longer-term civil law agreements between electricity generators and purchasers on the supply of electricity under pre-determined conditions. They can be structured physically (on-site, off-site) or virtually (financially): (i) With virtual PPAs, the physical electricity flow is separated from the balance and economic settlement: Physical delivery occurs via the market and in the respective grid, while contractual balancing payments reflect differences between the fixed price and market price. In energy-economic terms, generators and purchasers each remain assigned to their roles. (ii) Physical PPAs range from spatially proximate on-site solutions, where the electricity is consumed directly without or with minimal grid usage (possibly in combination with direct lines or joint generation facilities), to off-site structures with balance-based offtake via the public grid. Where energy service providers or suppliers are interposed, this is referred to as a "sleeved PPA", where the energy-law supplier and balancing group responsibility remains with the intermediary.
For business practice, it is decisive that PPAs – regardless of their contractual structure – do not establish an exception from the regulatory framework. In particular, the supplier role, balance group responsibility, a suitable metering and counting concept, the treatment of guarantees of origin, as well as energy tax and state aid law aspects must be carefully examined. In combination with instruments of shared energy use – such as energy communities or peer-to-peer contracts – PPAs can, however, be used more broadly and economically optimized.
What does this mean for companies?
The ElWG opens additional opportunities and flexible design options for companies to combine, and economically, optimize, electricity procurement, self-consumption, and marketing. Peer-to-peer contracts reduce transaction barriers for the exchange of renewable energy and enable flexible procurement and marketing models, including cross-site models, particularly in spatial proximity. Although the ElWG is already largely in force, central operational possibilities in citizen energy and shared energy use can only be fully exploited from 1 October 2026.
For companies, early legal, technical, and organizational preparation is therefore recommended to be able to use the new scope in good time.
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