Auslandserwerb von Transportnetzen im energierechtlichen Rechtsrahmen

The work examines the regulatory framework of German energy law in relation to third country investments. The focus is on the so-called third-country-clause (§ 4b German Energy Act), which is based on EEC directives and which provides a specific approval procedure for third country network investments. In addition to coverage and procedure, the focus is on the certification requirements. § 4b German Energy Act provides compliance with the unbundling regime. It is also required that the certification will not cause any risks for the energy supply in Germany or the EEC. Both requirements contain many specific legal issues from different areas of law, that need to be solved in a practical way. This also includes references to international investment protection. Finally the work refers to EEC-investments and the EEC fundamental freedoms.