Obligation to purchase energy from renewable sources in line with the German Constitution/New legal developments concerning the German Renewable Energy Act
Article from: OGEL 3 (2004), in Electricity Law and Regulation
In three decisions of 11 June 2003 (case numbers: VIII ZR 160/02, VIII ZR 161/02, VIII ZR 322/02 ), the German Federal Supreme Court (Bundesgerichtshof - BGH) held that the German Renewable Energy Act (Erneuerbare Energien Gesetz - EEG) and the former Stromeinspreisungsgesetz (StrEG) are in line with the German constitution. In addition, the court held that these Acts neither violate European state aid provisions(Art 87, EC Treaty), nor the European provision on quantitative restrictions on imports (Art 28, EC Treaty). On the basis of the EEG and StrEG, the plaintiffs ...