Rollout of smart meters: BBH welcomes withdrawal of the general ruling by the Federal Office for Information Security (BSI)

The Federal Office for Information Security (Bundesamt für die Sicherheit in der Informationstechnik – BSI) withdraws the general ruling by which it had established the technical availability and given the go-ahead for the mandatory installation of smart metering systems in 2020 for the entire industry. The authority announced this on 20 May 2022. With this decision, BSI anticipates a judicial clarification of the matter which BBH has sought on behalf of a large number of clients.

Shortly prior to the hearing before the Administrative Court of Cologne which was scheduled to take place on 25 May 2022, BSI withdrew its general ruling which had officially marked the start of the rollout of smart metering systems at the beginning of 2020. BBH brought an action against the general ruling on behalf of about 50 clients and prevailed in summary proceedings. In March 2021, the Higher Administrative Court of North Rhine-Westphalia found BSI’s general ruling “likely to be unlawful”. According to BBH’s arguments, the metering systems do not meet the technical and information requirements set out by the Metering Point Operation Act (Messstellenbetriebsgesetz – MsbG). With the cancellation of the general ruling, the court proceedings have now been formally closed.

“Our group of complainants has thus achieved all of their objectives: Now the way is clear for a general ruling that is in conformity with the law, that meets today’s requirements and expectations and takes into account the full functionality of smart meters for all companies and all customers”, says partner Dr. Jost Eder, who has been representing the clients in the court proceedings together with partner counsel Dr. Florian Wagner.

The BBH group 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. The BBH group advises these and many other companies and organisations in all legal matters and also assists them with business and strategic advice.

Prof. Dr. Ines Zenke                                                     
Rechtsanwältin/Lawyer, Partner                        
Phone +49 (0)30 611 28 40 - 179                                                                 

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