Rights and Obligations of Distribution Network Operators, Area Network Operators and End Consumers in Area Networks

Facts

Liegenschaften-Betrieb AG (LiB-AG) is the owner and operator of the Panorama Center Thun Süd shopping center and leases the retail spaces to various tenants. The shopping center is connected to the distribution network of Energie Thun AG, with the internal electricity lines in the building belonging to LiB-AG.

LiB-AG, the tenants, and Energie Thun AG filed various declaratory actions with the Swiss Federal Electricity Commission (ElCom). ElCom decided that the electricity lines of the shopping center are electricity lines of small spatial extent for fine distribution and that the Electricity Supply Act is applicable to the connected end consumers.

LiB-AG and the tenants appealed against this decision to the Federal Administrative Court, which partially confirmed the decision. The parties then appealed to the Federal Supreme Court.

Considerations

The Federal Supreme Court found that an area network is not a distribution network within the meaning of the Electricity Supply Act (StromVG) and is therefore not subject to the StromVG. The rights and obligations of distribution network operators therefore do not apply to area networks.

While the…