The legislative package reshaping Germany’s grid connection rules and capacity market is now facing objections on constitutional, European and competition grounds simultaneously.
A legal opinion has concluded that the grid connection package is unconstitutional, warning that wind investment is at risk. A separate study finds the proposals on grid connection and redispatch are not compatible with EU law. The Bundeskartellamt has warned that the gas power plant plans risk competitive disadvantages and lack technology neutrality.
On the capacity market law itself, Deutsche Umwelthilfe and Green Planet Energy have filed a complaint with the European Commission against the StromVKG. Ahead of the Bundestag vote, the BEE criticised the revisions as insufficient, while the BDEW described the result as a workable compromise — a split that reflects how differently network operators and renewable generators read the same text.
The cost case is contested too. EWI has calculated a EUR 70 billion cost advantage from the grid package, while LEE NRW argues the analysis focuses on the wrong variables. Separately, the Federal Network Agency reported fewer interventions in the power grid, with associated costs down 11 per cent in the first quarter of 2026 — a data point both sides can use.
The practical risk for developers is delay rather than defeat. Legislation challenged on this many fronts tends to survive in amended form, but the amendment cycle is measured in quarters, and every quarter of uncertainty prices into the cost of capital for projects that have to be financed now.
Source: IWR Energieletter 33 and 34/2026.
