• Business number: 1 Ob 85/24t
• Decision date: 25th September 2024

The operator of Vienna International Airport installed two photovoltaic systems with a total output of around 16,000 kW on its premises and connected them to an existing grid connection that had previously only been used for electricity supply.

The grid operator, Wiener Netze, then demanded a grid access fee of around EUR 1 million. Vienna International Airport refused to pay this fee as no technical or structural changes to the systems were necessary and a grid access fee had already been paid in the past. From Vienna Airport’s point of view, there was no grid access for which a grid access fee had to be paid. Wiener Netze was therefore forced to sue for the amount.

Both the first instance (Vienna Commercial Court) and the second instance (Vienna Higher Regional Court) rejected Wiener Netze’s claim. The Supreme Court also came to the conclusion that no new grid access fee had to be paid.

The Supreme Court stated that in this case there was no grid access within the meaning of Section 7 para. 1 no. 56 of the Austrian Electricity Industry and Organization Act (ElWOG) and therefore no grid access fee was payable. Although the feed-in of electrical energy would generally also incur additional costs – in particular to create the necessary grid capacities for the additional electricity fed in – these costs are however paid via the grid provision fee paid by the electricity consumers and the grid usage fee.