Burgenland as a pioneer: The citizen energy community in focus

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Find out more about the innovative citizen energy community “Fanclub Burgenland Energie Independent”, which is striving for a revolution in the electricity market - exciting approaches and legal challenges included!

Erfahren Sie mehr über die innovative Bürgerenergiegemeinschaft „Fanclub Burgenland Energieunabhängig“, die eine Revolution im Strommarkt anstrebt - spannende Ansätze und rechtliche Herausforderungen inklusive!
Find out more about the innovative citizen energy community “Fanclub Burgenland Energie Independent”, which is striving for a revolution in the electricity market - exciting approaches and legal challenges included!

Burgenland as a pioneer: The citizen energy community in focus

In the midst of the turbulent times on the energy market, an interesting innovation has been announced in Burgenland: the founding of the citizen energy community “Fanclub Burgenland Energie Independent”. This initiative could serve as a model for other federal states, even if certain legal questions remain unanswered.

The idea behind the energy community is to enable everyone in Burgenland - be it in households, companies or clubs - to obtain electricity directly from regional wind turbines and photovoltaic parks. This advantage lasts for a period of 20 years and promises a fixed price of ten cents net per kilowatt hour. Such a model could provide significant relief, particularly in times of dynamic energy prices.

The advantages of the citizen energy community

Within the framework of this community, both natural and legal persons can jointly produce, use, store and sell energy. In addition, members have the freedom to continue to purchase electricity from the market and choose their provider. This makes the citizen energy community particularly attractive as it is more flexible than conventional renewable energy communities (EEGs).

The fan club relies on a broader range of participants, as large companies and electricity providers are not excluded from membership. This means that people and companies throughout Austria can join as long as their reference points are in Burgenland. This differentiates the citizen energy community from other forms that have had more local restrictions in the past.

A key feature of this new structure is that every person seeking membership does not have to be automatically accepted. The association's statutes regulate precisely the conditions under which members can be accepted, and rejection must not be discriminatory. Nevertheless, there is an exciting legal question here as to whether such selective membership is compatible with the applicable equal treatment requirements in the long term.

Legal challenges and considerations

The role of the “public sector” in this energy community leads to additional legal considerations. In particular, the question arises as to whether the Citizens' Energy Association is considered a public contracting authority within the meaning of the Federal Procurement Act. The fan club has taken measures in its statutes to ensure that the board members are independent of control by public bodies. Under these conditions, the question of public contracting status could be answered in the negative.

Another critical point could be the participation of Burgenland communities in the community. The purchase of electricity could legally be viewed as procurement, which in turn falls under public procurement law. Therefore, before joining, potential members must be aware of the legal implications of their membership and whether it is subject to the procurement regulations.

Overall, this concept presents itself as an exciting but also ambitious project. On the one hand, it could improve control over electricity prices; On the other hand, many legal questions have not yet been resolved. It is undisputed that the establishment of this nationwide citizen energy community represents a significant change in the energy supply in Burgenland and could pave the way for further initiatives. More information about this development can be found here.