Schleswag is obliged to take electricity from three wind-based power generators
Article from: OGEL 3 (2003), in Cases & Commentaries
Introduction
German Federal Court (Bundesgerichtshof) decides that regional electricity supply company (Schleswag) is obliged to take electricity from three wind-based power generators even if price is significantly above market price. The Court held that there was an obligation of the electricity supply company to take such power - if it was at an above-market price and even if it did not want or need the power - under the 1998 German electricity law. Neither the EU law on state aids nor the constitutional guarantee of property right could provide any valid exception. The higher-than-normal costs were ...