Hamm Higher Regional Court, 03.05.2011, Ref.: I-21 U 94/10
Pursuant to § 5 Para. 1 EEG 2009, grid operators are obliged to connect systems for the generation of electricity from renewable energies or from mine gas to their grid immediately and with priority at the point that is suitable with regard to the voltage level and has the shortest distance as the crow flies to the location of the system, unless another grid has a technically and economically more favourable connection point.
In contrast to the old EEG 2004, the legislator has thus specified the type of connection point in more detail in Section 5 EEG 2009.
In the above-mentioned decision, the Higher Regional Court of Hamm now had to decide to what extent a grid operator was liable for damages because it only tolerated the connection to a more distant connection point.
FactsThe plaintiff was the operator of wind turbines, which it wanted to have connected to the nearest grid connection points at the defendant.
To this end, the plaintiff, represented by a lawyer, requested the defendant to connect the wind turbines to these grid connection points and, as a precautionary measure, referred to the required expansion obligation and to its right to choose the grid connection point.
After the defendant subsequently failed to comply with this request, the connection point selected by the defendant was accepted, but the defendant reserved the right to claim damages.
In subsequent court proceedings for damages, the parties ultimately disputed whether the connection points constituted the owed connection points for the systems.
After the regional court accepted the plaintiff's view, the defendant finally filed an appeal in the above-mentioned proceedings.
Hamm Higher Regional CourtThe OLG Hamm confirmed the opinion of the plaintiff and the Regional Court.
The Regional Court had correctly substantiated a claim for damages on the basis of Section 280 (1) BGB in conjunction with Section 5 (1) EEG 2009.
The defendant culpably breached an obligation incumbent on it as a grid operator pursuant to Section 5 (1) EEG 2009 because the allocation of the connection point did not comply with the requirements of Section 5 (1) EEG 2009 and the connection should have been made at a different connection point instead.
The grid operator was liable for damages in this respect because it had breached Section 5 (1) EEG 2009.
According to § 5 Para. 1 EEG 2009, the grid operators are obliged to connect plants for the generation of electricity from renewable energies and from mine gas to their grid (interconnection point) without delay, primarily at the point that is suitable with regard to the voltage level and has the shortest distance as the crow flies to the location of the plant, unless another grid has a technically and economically more favourable interconnection point.
The connection points chosen by the defendant did not fulfil these requirements.
Source: Higher Regional Court of Hamm
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