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LG Bochum Dismisses Law Suit by Textile Company against EEG Surcharge

The Regional Court of Bochum dismissed the case brought by the textile company Textilveredlung Drechsel, Selb, against the municipal utility Stadtwerke Bochum regarding the surcharge for renewable energy (EEG surcharge), the Federal Association of the Textile and Fashion Industry (t+m) informed.

t+m, which backs three test cases by middle-sized textile companies against the EEG surcharge [1], said Textilveredelung Drechsel had not yet received the written verdict yet. It would be expected in about five weeks time. Once the verdict was there, Textilveredelung Selb would appeal to the Higher Regional Court of Hamm.

The three textile companies that filed law suits against the EEG reallocation charge claim its unconstitutionality, arguing it was an unlawful special levy (Sonderabgabe) that increased energy costs to the detriment of small and middle-sized (textile) companies. These companies mostly do neither benefit from the EEG limitation for energy-intensive companies pursuant to the special equalisation scheme  for electricity-intensive enterprises and rail operators (Sections 40 to 44 EEG) nor the exemption from grid charges according to Section 19 para. 2 sent. 2 Electricity Grid Charges Ordinance (StromNEV).

With the EEG surcharge, consumers pay for the difference between the fixed feed-in tariffs paid pursuant to the Renewable Energy Sources Act (EEG) for renewable energy fed into the grids and the sale of the renewable energy at the EEX energy exchange by the transmission system operators (TSOs). Over the years, the EEG surcharge has risen to 3.592 ct/kWh in 2012. The surcharge for 2013 will again increase by 47% to  5,277 ct/kWh, the TSOs recently announced [2].

Source:  Federal Association of the Textile and Fashion Industry [3]

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