The Federal Court of Justice (BGH) in Karlsruhe has overturned a previous ruling, affirming the authority of the Federal Network Agency (Bundesnetzagentur) to permit local electricity grid operators to levy construction cost contributions for the connection of battery storage systems.
The previous ruling, which had compelled the Federal Network Agency to re-examine a request from a battery storage system operator, has been invalidated. The BGH’s decision centers on the application of a construction cost contribution within a performance-based pricing model for grid-connected battery storage. The court stated that the levy is not inherently discriminatory.
Furthermore, the court acknowledged that battery storage systems can provide grid services and that the equal treatment afforded through the construction cost contribution is objectively justified. This levy performs a steering and control function, as the cost of connection increases with higher power demand.
The BGH found that the Federal Network Agency was justified in assuming that the construction cost contribution stands in a reasonable relationship to the objectives pursued. The court emphasized that the deployment of battery storage systems does not necessarily relieve the local grid connection point for which the construction cost contribution is requested. Grid operators retain discretion regarding whether to incentivize the deployment of battery storage systems when applying these contributions (Decision dated July 15, 2025 – EnVR 1/24).