Hengeler Mueller represents TenneT TSO in appeal proceedings against the Federal Network Agency’s decision to refuse the TSO certification

27. December 2012

The German electricity transmission system operator TenneT TSO challenges the decision of the Federal Network Agency to deny the TSO certification by filing an appeal with the Higher Regional Court Düsseldorf.

The regulator had confirmed in its decision of 9 November 2012 that TenneT was fully unbundled as required under the special unbundling rules applying to transport system operators. However, and different than the EU Commission, the Federal Network Agency considered the financing of future offshore connections to be an additional certification requirement and has for that reason only denied the certification of TenneT. The Federal Network Agency thereby expressly opposed the legal position of the EU Commission, which had been involved in the certification proceedings. The appeal is intended to clarify this fundamental issue of European and German energy law.

The Hengeler Mueller team is led by partner Dirk Uwer (Energy Law, Düsseldorf) and includes partners Hans-Jörg Ziegenhain und Steffen Oppenländer (both Corporate, Munich) as well as senior associate Daniel J. Zimmer and associate Jörg Meinzenbach (both Energy Law, Düsseldorf).