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Successful action by CMS Hasche Sigle in pilot cases on behalf of SWM Infrastruktur before Düsseldorf Higher Regional Court

07/06/2012

Düsseldorf – On 6 June 2012, Düsseldorf Higher Regional Court ruled on complaints by network operators in 19 pilot cases and overturned notices issued by the German Federal Network Agency (BNetzA). The Agency had determined price indices for calculating actual replacement values in the course of regulating charges for access to electricity and gas networks. The Third Competition Senate of Düsseldorf Higher Regional Court objected to the procedure used by the BNetzA and overturned the stipulations.

The network operators asserted in their complaints that the stipulated price indices would not result in reasonable actual replacement values. The BNetzA had used an inappropriate index series from the Federal Statistical Office for the wages component of mixed indices, they claimed. The complainants also said that the Agency had assumed excessively high productivity increases for the network integration work in question.

A team from CMS Hasche Sigle led by energy and competition law partner Dr Rolf Hempel represented SWM Infrastruktur GmbH, a network operator owned by Munich's municipal utility company, Stadtwerke München GmbH, in two of the pilot cases.

The BNetzA can appeal against the Higher Regional Court judgments to the Federal Court of Justice.

Advisers CMS Hasche Sigle

Dr Rolf Hempel,
Agnes Wippich, both Energy Law

Contact

Dr Rolf Hempel
T + 49 711 9764 308
F + 49 711 9764 96307
E rolf.hempel@cms-hs.com

Press Contact
presse@cms-hs.com

Press releases
PR_SWM_BNetzA_07_06_2011_en
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Dr. Rolf Hempel
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