Federal Court of Justice - BGH: Stuttgart district heating network belongs to EnBW and may remain
The Stuttgart district heating network remains in the hands of the energy company EnBW following a ruling by the Federal Court of Justice (BGH) and does not have to be dismantled. On the contrary, the judges confirmed on Tuesday that the district heating network belongs to the Karlsruhe-based supplier and not to the state capital.
Accordingly, the city is not entitled to the transfer of ownership of the network either. This is because it has started a competitive procedure to select the future network operator, in which EnBW is also involved. This has so far only been suspended and not completed. It is therefore unclear who will operate the district heating network in future - EnBW, the city or another company involved in the process. In this situation, according to the Cartel Senate, the city has no legitimate interest in becoming the owner of the district heating network. It had to tolerate the current situation. (Ref. KZR 101/20)
The ruling puts an end to a dispute that had been smouldering between the parties for years. The background to this was a contract from 1994, which expired in 2013 and was never renewed. On this basis, EnBW had laid the district heating network and continuously expanded it to its current 218 kilometers - mostly on municipal land. According to the information provided, 25,000 households, 1,300 companies and 300 public buildings in Stuttgart are connected to it.
The state capital had sued the energy supplier for the transfer of ownership of the facilities, among other things. This had already been rejected by the previous instances; the BGH did not change this either. However, in 2020, the Stuttgart Higher Regional Court ordered EnBW to dismantle the plants in case of doubt. That is now off the table. One of the reasons given by the presiding judge, Wolfgang Kirchhoff, was that the city itself wanted to retain the supply of district heating.
Following the ruling, EnBW confirmed that it was still willing to cooperate with the city of Stuttgart in order to advance the heating transition in the state capital. "The decarbonization of the heating sector is an important part of the Energiewende," explained the Head of Generation Operations, Andreas Mühlig, according to the press release. "EnBW has been operating Stuttgart's district heating network for many years with a great deal of commitment and technical expertise."
The city of Stuttgart took a positive view of the ruling from Karlsruhe. "It has been our aim since 2012 to carry out a procedure to award a district heating concession. For this reason, the ruling confirms our objective," said Andrea Klett-Eininger, Head of the Administrative Coordination, Communication and International Affairs Department. As soon as the reasons for the ruling are available, the city will discuss how to proceed. The goal of being climate-neutral by 2035 and the advanced heat planning will play an important role in this.
Statement from the court Statement from the city following the ruling Statement from EnBW following the ruling
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- Despite the city of Stuttgart starting a competitive process to select the future operator of the district heating network, the Federal Court of Justice (BGH) in Karlsruhe ruled that EnBW energy group still owns the network, as confirmed in the expired 1994 contract.
- The energy company EnBW has maintained and expanded the district heating network in Stuttgart, covering 218 kilometers and supplying 25,000 households, 1,300 companies, and 300 public buildings, with no transfer of ownership granted to the city by the BGH.
- Under the ruling, the city is no longer entitled to demand the transfer of ownership and must tolerate the current situation involving EnBW, as the Cartel Senate determined the city has no legitimate interest in ownership.
- EnBW, operating Stuttgart's district heating network with commitment and expertise for years, has stated its support for continuing cooperation with Stuttgart to advance the city's energy transition goals, such as decarbonizing the heating sector, which is a crucial part of Germany's 'Energiewende'.
- Andrea Klett-Eininger, Head of the Administrative Coordination, Communication, and International Affairs Department in Stuttgart, expressed satisfaction with the Federal Court of Justice's ruling, which aligns with the city's long-term objective of awarding a district heating concession for a climate-neutral transition by 2035.
Source: www.stern.de
