According to the BGH, the responsible grid operator can base its calculation of the construction cost subsidy solely on the requested withdrawal capacity of a battery storage system. The feed-in function of battery storage systems and grid serviceability emphasised by the OLG Düsseldorf is not regarded by the BGH as an obstacle to treating a battery storage system in the same way as an end consumer. The BGH press release states:
"As with other final consumers, the grid connection must be dimensioned according to the requested withdrawal capacity; the feed-in function has no influence on this."
The full press release is available athttps://www.bundesgerichtshof.de/SharedDocs/Pressemitteilungen/DE/2025/2025129.html
This means that the legislator must now act if it wants to take the feed-in function of a battery storage system or its usefulness for the grid into account when charging construction cost subsidies in future. For the time being, however, grid operators can continue to levy construction cost subsidies according to the performance price model. They are still obliged to set up a transparent and non-discriminatory procedure in accordance with Section 17 para. 1 EnWG.
If you have any questions about existing contracts or new contracts, please contact Attorney Judith Foest and Attorney Dr Johannes Badenhop