Germany – Other sources of energy supplies and distribution – Konzession für den Betrieb eines Fernwärmeversorgungsnetzes

The subject of the procedure is the award of a concession for the maintenance, expansion and operation of a district heating supply system in a part of the state capital Stuttgart, together with the permission to use properties of the state capital Stuttgart, the use of which is necessary for the laying and operation of the district heating network, in particular of access roads. The concession area covers the network area of the existing district heating network, which is owned by EnBW AG and currently operated by it, and adjacent areas which, according to the municipal heat planning of the state capital Stuttgart, are suitable for district heating supply. A contractual claim of the state capital Stuttgart to the property of the network, which the city could transfer to a new concessionaire, does not exist so far (BGH, judgment of 05.12.2023 – KZR 101/20). The concessionaire is responsible for ensuring that the right to use the property to provide the services is obtained by him and at his expense. All applicants/tenderers whose suitability has been established in the selection procedure will be invited to submit a tender. No limit is placed on the number of participants in this respect. Prior to the tendering of the concession, a market survey was conducted, in which several companies participated. No further information about the district heating network than in this procedure was transmitted to the participating companies for this purpose.