New manual for awarding energy concessions

On May 21, 2015, the Federal Cartel Office and the Federal Network Agency published a new common manual for the awarding of electricity and gas concessions and on changing concession holders.

Both agencies had already issued a relevant manual in December 2010, which was no longer current. The revised edition includes new developments in jurisdiction in addition to changes in legislation.

The updated manual already takes into account the principles of the new Federal Court of Justice decision of April 14, 2015, although grounds for the judgment have not been published yet. The manual designates the network data necessary for the competition procedure in accordance with the requirements of the recent Federal Court of Justice ruling.

"The revised manual provides municipalities with an excellent overview of requirements to comply with when awarding electricity and gas concessions,“ said Dr. Ute Jasper, procurement law expert of the law firm of Heuking Kühn Lüer Wojtek. "The manual does not agree with all court rulings, which is why municipalities must continue to examine the decisions of the competent courts,“ her colleague Dr. Jens Biemann added.

Ute Jasper is one of the best-known lawyers for public procurement and public infrastructure projects. She advises federal and state ministries, municipalities, and companies. Ute Jasper heads Heuking Kühn Lüer Wojtek's "Public Sector & Public Procurement" department. For years, she has been ranked number 1 in JUVE Handbook of Commercial Law Firms 2014/2015, and according to "Law Firms in Germany" is the "premier contact on the market" for infrastructure.

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