Federal Network Agency
Federal Network Agency
07/07/2023 | Press release | Archived content
Decision on prohibition of activity as an energy supplier
Decision on prohibition of activity as an energy supplier
Year of issue2023
Date of issue2023.07.07
Date of issue2023.07.07
The Bundesnetzagenturhas prohibited gas.de Versorgungsgesellschaft mbH from carrying out activity as an energy supplier to household customers.
"An energy supplier that does not meet the statutory requirements may not operate on the German energy market. In this way we are protecting consumers," said Klaus Müller, President of the Bundesnetzagentur.
Prohibition proceedings
According to the Bundesnetzagentur, gas.de does not comply with the statutory regulations that serve to ensure a secure and consumer-friendly energy supply. Thus the Bundesnetzagentur has prohibited gas.de Versorgungsgesellschaft mbH from operating as an energy supplier in order to protect household customers.
At the end of 2021, gas.de Versorgungsgesellschaft mbH terminated delivery to all its household customers and notified the Bundesnetzagentur of this.
In spring 2023, gas.de notified the Bundesnetzagentur of the resumption of its activity as an energy supplier. Consequently the Bundesnetzagentur commenced proceedings on the possible prohibition of the activity pursuant to section 5(5) of the Energy Industry Act (EnWG) because of an initial suspicion of a violation of the requirements of section 5 EnWG.
Pursuant to section 5(5) sentence 1 EnWG, the regulatory authority may prohibit an energy supplier from the exercise of the activity at any time in whole or in part if the personnel, technical or economic capability or reliability is not ensured.
The regulatory role of the Bundesnetzagentur in the interests of consumers
The Bundesnetzagenturexamines on a continual basis whether suppliers comply with their obligations under energy law. It may initiate regulatory steps if it is suspected that energy undertakings are in violation of the Energy Industry Act. This will take account in each case of the extent to which there are indications of systematic abuse.
The Bundesnetzagenturis in contact with the customers affected, the energy suppliers and consumer organisations.
Consumers that are affected can find information and steps that can be taken on the website of the Bundesnetzagenturwww.bundesnetzagentur.de/energieverbraucher (in German).