In a twist of events, Germany's highest court, the Federal Court of Justice (BGH), based in Karlsruhe, has ruled that energy giant EnBW retains ownership rights over Stuttgart's district heating network. This decision effectively brings an end to a long-standing dispute between EnBW and the city.
The battle for ownership can be traced back to a 1994 contract that came to an end in 2013 without renewal. In the wake of this, EnBW embarked on constructing and expanding the district heating network, covering an impressive 218 kilometers, providing warmth to over 25,000 households, 1,300 businesses, and 300 public buildings in Stuttgart.
Despite the city's attempts to seize control of the facilities, the BGH dismissed the city's claims, denying the transfer of ownership. Previously, in 2020, the Higher Regional Court in Stuttgart had ordered EnBW to dismantle plants, but with the recent BGH ruling, this order was reversed.
Judge Wolfgang Kirchhoff justified the decision, stating that the city itself wanted to preserve the district heating supply. This win is a significant boost for EnBW, pledging to collaborate with the city in furthering Stuttgart's energy transition goals. According to Head of Generation Operations at EnBW, Andreas Mühlig, decarbonizing the heating sector is a key part of Germany's energy transformation initiative, Energiewende, with EnBW playing a pivotal role for years.
On the other side, Andrea Klett-Eininger, Head of the Administrative Coordination, Communication, and International Affairs Department in Stuttgart, expressed satisfaction with the BGH's decision, as it aligns with the city's goal of awarding a district heating concession. The city's objectives of achieving climate neutrality by 2035 and advanced heat planning will play a significant role in this initiative.
In essence, the BGH's ruling ensures that the city's hands remain off EnBW's ownership of Stuttgart's district heating network, allowing the energy transition process to proceed within this framework. EnBW continues its efforts in navigating climate change challenges in Stuttgart.
Although the BGH's decision does not directly address the implications for the city's energy transition goals and climate neutrality initiatives, EnBW's commitment to renewable energy projects aligns with Germany's energy policy direction, which focuses on reducing greenhouse gas emissions. The district heating network, if utilized efficiently and with a focus on renewable energy sources, can contribute to Stuttgart's energy transition. Innovative heating solutions, such as hydrogen and electricity-powered systems, are also emerging, aiding in a carbon-free future.
