The German transmission system operator TenneT TSO GmbH (“TenneT”) has successfully prevailed in proceedings brought by various Austrian industrial and energy companies before the Austrian Cartel Court in January 2019.

The background to this procedure was the ACER decision from 2016 to separate the former joint electricity supply zone Germany/Luxembourg/Austria on the German-Austrian border into two independent supply zones. This requirement was subsequently implemented by the regulatory authorities and transmission system operators by introducing congestion management at the German-Austrian border. The plaintiffs filed complaints about the congestion management and tried to get TenneT shut down. The Higher Regional Court in Vienna dismissed the complaints in favour of TenneT for material and procedural reasons. The decision is already legally binding.

TenneT was advised by Eisenberger & Herzog in an integrated team with Hengeler Mueller.

Eisenberger & Herzog: Dieter Thalhammer (Lead Management, Competition Law), Stefan Wartinger (Competition Law), Florian Sagmeister (Competition Law), and Thomas Krach (Litigation)

Hengeler Mueller: Jörg Meinzenbach (Lead Management, Energy Law/Competition Law), Thorsten Mäger (Competition Law), and Dirk Uwer (Energy Law)