Appeal before the Federal Supreme Court

26.10.2020

GRTgaz Deutschland lodges a legal appeal against the determination REGENT & AMELIE before the Federal Supreme Court.

On 21 October 2020, GRTgaz Deutschland and other complainants filed a legal appeal against the Düsseldorf Higher Regional Court (OLG) of 16 September 2020 in the matter of REGENT & AMELIE. The background of the appeal is the so-called REGENT & AMELIE determination of the BNetzA and the associated joint application of the reference price method of the uniform stamp fees in Germany. In the opinion of GRTgaz Deutschland, the decisive point is that the model developed by DNV-GL (DNV GL Energy Advisory GmbH) is a cost-oriented reference price method, which has not been sufficiently appreciated by either the BNetzA or the OLG Düsseldorf. For this reason alone, in the opinion of the complainant, the decision of the OLG Düsseldorf and the BNetzA cannot stand.

The differentiation between cross-system and system-internal network functions, as shown by DNV-GL, shows that differentiation in terms of costs and thus charges is possible and in order. Appropriate cost-oriented pricing, which prevents cross-subsidization between different groups of network users, is also necessary to prevent new costs from being shifted from the distribution network to the transmission sector by means of combined network operators.
 
At the beginning of the year, the introduction of a joint stamp duty in Germany almost doubled the fees for GRTgaz Deutschland and brought the transit flows to France via Medelsheim largely to a standstill.

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