What are the rules governing contract-compliant interpretation in (non-consumer) contracts in general? Do these rules apply to energy contracts? In addition, courts can also verify the general “adequacy” conditions in business-to-business (B2B) contracts. “Inappropriate” clauses are not valid. In addition, it is generally normal for standard conditions to be interpreted in relation to the organization that provided it. These rules also apply to energy contracts. Under normal circumstances, lump sum damages cannot be agreed to to the extent that they exceed either (i) the expected injury under normal circumstances or (ii) the usual depreciation. The same is true, or if the other contracting party is not expressly authorized to prove that damage or impairment has not occurred or is substantially less than the lump sum (Article 309, point 5 BGB). Similarly, standard consumption contracts cannot exclude liability for damage to life, body and health and, more generally, gross negligence (Article 309, item 7 BGB). As a general rule, the interpretation of contracts under German law begins with the text of the treaty. The objective is to determine the will of the parties as it is recognizable by an objective third party. If the interpretation of the text does not give a clear result, the circumstances of the Civil Code are also taken into account (BGB, s.
133, 157). There are several industry standards for different types of contracts in the energy sector, such as agreements. B grid connection and energy supply agreements. For example, sampling contracts from the European Federation of Energy Traders are often used. In accordance with paragraph 12.2 “General Agreement on the Supply and Receipt of Electricity,” a party is not liable for damages, unless the damage is due to gross negligence, deliberate delay or fraud by the party, its employees, senior managers, contractors or auxiliaries. In the gas sector, there is a multilateral agreement between gas network managers – the cooperation agreement – which contains provisions for the organisation of access to the network and cooperation between gas network managers. Under section 64 of the Federal Conservation Act, conservation organizations have the right to act jointly against certain decisions made by environmental authorities, for example in the case of environmental projects such as the construction of a power plant. Paris – Dentons has advised the European Federation of Energy Distributors (EFET) and has published, on behalf of EFET members, French legal opinions on the applicability of certain provisions of the efET general agreements on the supply and acceptance of electricity and natural gas. As a general rule, the amount of remuneration from the day1 of the system interruption is capped at 90% of the shortfall in the remuneration of the buyback. If the TSO acts intentionally, the compensation is 100% from day one. However, under certain conditions, the responsible TRM has the right to transfer compensation to other GRTs in the event of a delay or interruption in the operation of connection systems at sea.
THE EFET encourages competition, transparency and open access in Europe`s energy sectors. EFET agreements are used to document transactions between parties in different jurisdictions for the supply and acceptance of electricity and gas. THE EFET has commissioned legal advice on the applicability of the EFET`s general agreements and guarantee agreements in various legal systems. The adjustment is made at the discretion of the Tribunal. The accommodation must take into account all the circumstances of the case, in particular the contractual or legal distribution of risks.