Facts
The appellant 1 operates photovoltaic systems and is thus an electricity producer. The respondent is the responsible distribution network operator at the locations of these systems. The dispute is whether appellant 1 must obtain metering services from the respondent or whether he can commission another service provider for this purpose.
The Swiss Federal Electricity Commission (ElCom) and the Federal Administrative Court had dismissed the appeal of appellant 1. They argued that the metering system is not liberalized and is not subject to free competition, but rather lies in the non-transferable responsibility of the network operator.
Appellant 1 and appellant 2 appealed against this decision to the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal. It argues that appellant 1 as an electricity producer is within the scope of protection of economic freedom. Therefore, the question is not whether there is a legal basis for the liberalization of the metering system, but whether there is one for the restriction of this freedom.
The Federal Supreme Court denies that the disputed…