Die Investitionsmaßnahme nach § 23 Anreizregulierungsverordnung

The “investment measure” pursuant to Sec. 23 ARegV is the core instrument for the expansion of the electricity and gas transmission networks in the context of the German energy transition. Its importance for implementing the energy transition cannot be overestimated. In this work, the author analyses this highly complex regulation in detail. A pointed introduction to the concept of investment, to the basics of network and incentive regulation prepares the reader for the following detailed examination. The scope of application, the financial facilitation mechanism including a presentation of network fee regulation as well as formal-legal questions of the “investment measure” are analysed in detail. The author enters uncharted legal territory not only when discussing legal protection, especially of third parties. An examination of the public-law contract concluded between network operators and the Federal Network Agency for the settlement of legal disputes rounds off the work.