Biogas Association Informs About BGH Decision Clarifying Definition of Biogas Installation

The German Biogas Association (Fachverband Biogas) informed about a decision by the Federal Court of Justice (BGH) concerning biogas power plants, which has not been published yet. According to the association, the judges said that two installations that were supplied by one gas generator (Gaserzeugung) had to be considered as on biogas power plant (in the sense of the Renewable Energy Sources Act – EEG).

Unlike under a narrow definition of the term “installation” in the sense of the EEG (that provides for fixed feed-in tariffs for renewable energy in Germany) not every single combined heat and power plant is a biogas power plant. Instead, a biogas installation also consists of the usual equipment for gas generation connected, Fachverband Biogas comments the decision. The associations points out that only when the written judgement is available will it be possible to say what exactly is comprised.

It believed that the ruling did not affect so-called satellite CHP plants, (i.e. CHP plants that are located in a place other than the one of the biogas plant to which it is, however, connected), Fachverband Biogas says, adding that again a final assessment was only possible following the publication of the ruling.

Fachverband Biogas welcomes the ruling, saying it reflected the common practice of compensation payments and was in line with the regulatory framework of the EEG for feed-in tariff payments and the EEG provisions on direct marketing introduced in 2012 (cf. Sections 33a to 33i EEG).

We will follow up this post, once the written ruling is available.

Source: Fachverband Biogas

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