Numerous complaints against the rates of return on equity stipulated by the German Federal Network Agency (Bundesnetzagentur – BNetzA) were filed with the competent Higher Regional Court of Düsseldorf. The law firm Becker Büttner Held (BBH) represents most of the complainants in court.
At the end of October, the BNetzA published the rates of return on equity applicable to electricity and gas grid operators in the 4th regulatory period: With 5.07% for new installations and 3.51% for existing installations, the BNetzA thus confirmed the concerns of the industry. Grid operators are expected to ensure security of supply and the sustainability of the energy grids in the future, even though their returns are cut by more than 25%.
BBH and its clients are convinced that the regulatory authority did not appropriately calculate the amount of the rates of return. On behalf of its group of complainants, BBH is now having the determination on the rate of return on equity reviewed by the Higher Regional Court of Düsseldorf. A total of 927 complaints were filed with the court with 475 of the cases being handled by BBH alone.
BBH partner Stefan Missling comments: “We believe that the BNetzA’s approach and decision do not sufficiently reflect the current situation on the financial markets. Furthermore, doubts are now also expressed for the first time by the authors of the study on whose figures the regulatory authority has based its determination of the rates of return. It will be exciting to see what happens next in the proceedings.”
Becker Büttner Held is a leading provider of advisory services for energy and infrastructure companies and their customers. Energy and supply companies, particularly public utilities, municipalities and local authorities, industrial companies and international groups are among its core clients. BBH advises these and many other companies and organisations in all legal matters and assists them with business and strategic advice.
Prof. Dr. Ines Zenke
Lawyer (Rechtsanwältin), Partner
Phone +49 (0)30 611 28 40 - 179