Dresden Higher Regional Court revokes site network decision issued by the regulatory authority for the state of Saxony
A new judgement gives a further boost to deregulation of the electricity market. In future, companies will be free to choose their electricity supplier when connected to a site network at locations such as an airport or shopping centre. Ruling in a test case on Tuesday, Dresden Higher Regional Court completely reversed the site network decision issued by the regulatory authority for the state of Saxony in relation to Leipzig/Halle Airport.
A CMS Hasche Sigle team led by Dr Christian F. Haellmigk had contested the decision on behalf of a German electricity provider. "Today's judgement is immensely significant for the energy market in Germany. It means that in future airports, shopping centres, railway stations and industrial estates will have to face competition and allow energy requirements to be met by any supplier," said Haellmigk, who successfully represented his client both before Dresden Higher Regional Court and the European Court of Justice (ECJ).
In the course of the proceedings, the ECJ had already attracted widespread interest in May 2008 by ruling that the exemption accorded to site networks under German law is incompatible with the European Electricity Acceleration Directive. The judgement made today by Dresden Higher Regional Court follows that interpretation by the ECJ.
Contact:
Dr Christian F. Haellmigk
Tel.: +49 (0) 7 11/ 97 64 - 304
E-mail:
Christian.Haellmigk@cms-hs.com
