Die gerichtliche Kontrolle von Entgelten der Energiewirtschaft

The fairness test under article 315 of the German Civil Code (BGB) applying on energy prices is commonly regarded as a supplement or correction to competition or regulatory law. The purpose of the study is to find out whether the fairness test may be considered as a third pillar of price control.
Embedded in the legal framework for energy the author examines in which cases the fairness test may apply to network charges or to electricity, gas or district heating tariffs. Moreover, the study explores whether in a liberalised energy market the cost price test is an appropriate method. Finally the author examines how an unilaterally right to set prices or conditions may be compensated.