Austrian Court Rules in Favor of Solar Power Users, Refunds Automatic
The Austrian Supreme Court has ruled in favour of solar power users, deciding that they need not pay the flat-rate network access fee if they already have a suitable network connection. Affected customers will receive automatic refunds. Meanwhile, a dispute between a PV system owner and a grid operator over compensation claims for feeding electricity into the national grid has been ongoing.
The argument centres around the frequency of payments. The PV system owner contends that the interim order overlooks the possibility of monthly billing, as the billing period can also be a month. However, the Higher Regional Court ruled that the PV operator has no claim to a monthly payment of feed-in remuneration.
The court's decision aligns with § 52 para. 2 EEG, which states that the PV system owner has no claim to payment of a monthly market value for periods when the market value was higher than the feed-in compensation. The grid operator, having waived an RLM measurement and using SLP meters, can query the current meter reading at any time, making monthly billing technically feasible. The State Office for Consumer Protection confirmed that the meters of the plaintiff's systems were legally operational and met legal requirements.
The Austrian Supreme Court's ruling brings relief to solar power users, with automatic refunds for the flat-rate network access fee. However, the dispute between the PV system owner and grid operator over compensation claims for feeding electricity into the national grid remains unresolved, with the Higher Regional Court's decision favouring the grid operator's stance on monthly payments.
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