Die zivilrechtliche Zuordnung elektrischer Energie

englischIf the share of renewable energies in the electricity mix increases to more than 85 % in the long term, as has been defined as the climate protection target for 2050, both short-term and long-term electricity storage will be necessary in order to actually achieve the targets. The long-term strategy therefore also includes the targeted expansion of decentralized structures in order to establish shorter distances from production to consumption sites. Intelligent networking in urban quarters can play a key role here. Neighborhood storage facilities, which are characterized in particular by the fact that several parties feed in and output electrical energy in a decentralized manner, could represent such a network and contribute to the relief and stability of the power grid.

A possible operator of parts of such decentralized quarters is the homeowners' association. In addition to general synergy effects in terms of acquisition costs and system utilization, the condominium owners' association comes into consideration precisely because no separate company formation is required and there is often a close spatial connection between the participants. A model analysis of the operation of a photovoltaic system and energy storage in the neighborhood by the condominium owners' association raises questions of property law in particular, which come into focus due to the fact that the electrical energy is generated and managed here by a majority of persons. In this context, the legal question of the allocation of electrical energy in the form of absolute subjective rights becomes particularly relevant. The present study makes a systematically thought-out proposal with regard to the allocation of energy under civil law on the basis of the practical operating sequence of an energy storage facility and provides an initial basis for answering elementary follow-up questions.