The exciting debate on the incompatibility of so-called customer facilities with Union law continues! The BGH has ruled. What now?

On May 13, 2025, the Federal Court of Justice (BGH) concluded the main proceedings at issue, which, through a preliminary ruling procedure, prompted the ECJ judgment of November 28, 2024, concerning the incompatibility of so-called customer facilities under the German Energy Act (EnWG) with Union law.

How does the BGH now implement the ECJ's decision, and what insights do we gain from it?

Dr. Wolfgang Krafczyk and Moana Wittich took this question as an opportunity to write a postscript to their article, already published in May 2025 "Impact of the Incompatibility of So-Called Customer Facilities under the German Energy Act (EnWG) with Union Law on Decentralized Energy Supply" (ZNER, Issue 2, 111-113).

Now available in the current issue of the Journal for New Energy Law (ZNER), 2025 Issue 5, 387-388.

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