Case SA.34045 | Exemption from network charges for large electricity consumers in Germany

Summary:

The European Commission opened in March 2013 an in-depth investigation on whether an exemption for large electricity consumers from network charged granted in Germany constitutes state aid. In May 2018, the Commission concluded that it was against those rules.

Further information:

Between 2011 and 2013, electricity users that had an annual consumption above 10 gigawatt hours and a particularly stable electricity consumption were fully exempted from paying network charges under German law (§19(2) of the German Network Charges Ordinance). Following the receipt of a number of complaints from consumer associations, energy companies and citizens, the Commission opened an in-depth investigation to determine whether this exemption amounts to State aid and if it can be justified under EU State aid rules.

In 2014, Germany abolished the exemption (§19(2) of the German Network Charges Ordinance). Since then, users with a stable consumption can request their network charges to be calculated on the basis of the costs that they individually cause to the network. This new regime was not part of the Commission's investigation.

European Commission: Press Release, 06.03.13: Commission opens in-depth inquiry into potential aid for large electricity consumers exempted from network charges in Germany http://europa.eu/rapid/press-release_IP-13-191_en.htm

European Commission: Press Release, 28.05.18: Germany needs to recover illegal aid from certain large electricity users exempted from network charges in Germany in 2012-2013 http://europa.eu/rapid/press-release_IP-18-3966_en.htm

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