Next Kraftwerke v. Federal Network Agency


Osborne Clarke has won a claim before the Düsseldorf Higher Regional Court on behalf of Next Kraftwerke against the Federal Network Agency.

Next Kraftwerke operates one of the largest virtual power plants in Europe with around 6,800 plants. With the support of other market participants, Next Kraftwerke applied in 2018 for the revocation of the decisions BK6-18-019 and BK6-18-020, based on which the Federal Network Agency introduced the so-called mixed-price tender procedure for balancing energy. During the interim hearing in 2018, a three-month suspension was granted.

At the final hearing on 3 July 2019, the Court supported Next Kraftwerke’s argument and now annulled both decisions. Even though the right of appeal was admitted, the Federal Network Agency is not expected to challenge the Court’s decision before the Federal Supreme Court. This is also because the mixed-price procedure was deemed being partly responsible for the tensed power grid situation in Germany during the hot summer days in June 2019.

An Osborne Clarke team led by energy law Partner Dr Daniel Breuer (Picture) advised Next Kraftwerke throughout the process. The team also included Dr Marleen Rheker (energy law), Judith Hoffmann (litigation regulation) and Dr Sebastian Hack (competition law).

At Next Kraftwerke, the process was led by General Counsel Benjamin Göller.

Involved fees earner: Daniel Breuer – Osborne Clarke; Sebastian Hack – Osborne Clarke; Judith Hoffmann – Osborne Clarke; Marleen Rheker – Osborne Clarke;

Law Firms: Osborne Clarke;

Clients: Next Kraftwerke ;