Federal Court of Justice - BGH rules on Stuttgart district heating network
On Tuesday (9.45 a.m.), the Federal Court of Justice will announce a verdict in a legal dispute over the Stuttgart district heating network that has been going on for years. Specifically, one of the issues at stake is who owns the network - the city or the Karlsruhe-based energy supplier EnBW. The reason for the dispute is a contract that expired in 2013 and has never been renewed. On the basis of the contract, EnBW laid the district heating network and expanded it to its current 218 kilometers - mostly on municipal land.
The lower courts had dismissed the action brought by the state capital for the transfer of ownership of the facilities. However, the Stuttgart Higher Regional Court ordered the energy company to dismantle the plants in case of doubt. EnBW's counterclaim, which was intended to force a new contract with the city for the use of the roads, was dismissed.
At the hearing, the Cartel Senate made it clear that it was questionable whether EnBW 's ownership rights to the plants had also expired after the end of the contract. It also had to be clarified whether there had to be a "transparent, non-discriminatory procedure" for future operation. The city had started such a procedure, but then suspended it. In 2016, the municipal council decided that the city itself should become the owner and operator.
Announcement by the court
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Source: www.stern.de
