In a recent turn of events, the Federal Court of Justice (BGH), based in Karlsruhe, has declared that energy giant EnBW continues to hold ownership rights over Stuttgart's district heating network. This decision effectively puts an end to a long-standing dispute between EnBW and the city.
The foundation for this dispute can be traced back to a 1994 contract that expired in 2013 and was never renewed. Subsequently, EnBW took the initiative to construct and expand the district heating network, covering an expansive 218 kilometers, and serving over 25,000 households, 1,300 businesses, and 300 public buildings in Stuttgart.
Despite the city's attempts to seize ownership of the facilities, the BGH rejected the city's claims, effectively denying its request for transfer of ownership. Previously, in 2020, the Higher Regional Court in Stuttgart had ordered EnBW to dismantle plants in case of doubt. However, with the recent BGH ruling, this order has been reversed.
Wolfgang Kirchhoff, the presiding judge at the BGH, reasoned that the city itself wanted to preserve the district heating supply. This decision is a significant win for EnBW, which has pledged its commitment to cooperate with the city to advance Stuttgart's energy transition goals. According to Andreas Mühlig, Head of Generation Operations at EnBW, decarbonizing the heating sector is an integral part of Germany's energy transformation initiative, known as Energiewende, and EnBW has been proudly contributing to this for years.
On the other hand, Andrea Klett-Eininger, the Head of the Administrative Coordination, Communication, and International Affairs Department in Stuttgart, expressed her satisfaction with the BGH's decision, as it aligns with the city's objective of awarding a district heating concession. The goal of achieving climate neutrality by 2035 and advanced heat planning will play a pivotal role in this initiative.
In summary, the Federal Court of Justice's ruling in favor of EnBW has placed the ownership of Stuttgart's district heating network beyond the city's grasp. The energy transition plans will now proceed within this framework, with EnBW maintaining its active role in addressing climate change challenges in Stuttgart.
