Art. 106 Abs. 1 AEUV und die Einführung von Kapazitätsmechanismen im deutschen Strommarkt

This work enhances the discussion of capacity mechanisms in the German electricity market by introducing a specific competition law perspective according to Art. 106 par. 1 TFEU. General guidelines on the provision’s scope are developed following the ECJ ruling in the “Greek Lignite” case. Special emphasis is given to prevention measures for the protection of competitive structures, which the author considers mandatory as correlate of certain state interventions. The conclusions with respect to Art. 106 par. 1 TFEU are compared with the principles in abuse of dominance cases under Art. 102 TFEU, state aid and public procurement law. From an energy law perspective, the work comprises both the capacity reserves introduced into German law in 2016 (“Strommarktgesetz”) and the alternatively discussed capacity market models.