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DIHK Corporate Survey: Customer Facilities under the Energy Industry Act

A ruling by the European Court of Justice (ECJ) questions the legal basis for so-called customer facilities under the Energy Industry Act (EnWG). A survey by the German Chamber of Commerce and Industry (DIHK) reveals: More than half of 375 companies operate a customer facility – often unknowingly. Electricity transfers range from small quantities to significant shares. The result: considerable legal uncertainty for many industries.

With the ECJ ruling C-293/23 of 28 November 2024, German regulations on customer facilities (§ 3 Nos. 24a/b EnWG) come under pressure. Companies that transfer electricity within their operational networks face new regulatory risks. In March 2025, the German Chamber of Commerce and Industry (DIHK) surveyed 375 companies nationwide. The result: customer facilities are widespread, their classification often unclear, and practices are extremely heterogeneous – simple regulatory adjustments are therefore hardly possible. The analysis provides figures, background information, and possible next steps.

Key statements at a glance

Customer installations according to EnWG are fundamentally up for discussion following ECJ ruling C‑293/23.
Affected are companies forwarding electricity behind the grid connection to third parties (e.g., canteens, charging points, rented spaces).
Over 50% of surveyed companies operate a customer installation; a significant fraction unknowingly.
Responsibility for internal supply mostly falls to the company (78%).
Regulatory options range from national adjustments to EU‑level solutions; quick and simple measures are not foreseeable.

Customer facilities enable the transfer of electricity to end users behind a network connection without full application of network operator duties. The ECJ sees an inconsistency with EU network obligations as customer facilities exhibit characteristics of a network, potentially bypassing duties. Next steps include a decision by the BGH in the initial case, followed by legislative clarifications. Amending the EU Electricity Market Directive would provide legal certainty but requires time.

In May 2025, the German Chamber of Commerce and Industry (DIHK) determined the extent to which companies are affected.

Detailed Results

Sample: 375 companies (nationwide)
Industry mix: Industry 53%, Services ~20%, Construction/Real Estate 8%, Trade 7%
Usage (self-reported):
- 33.6% knowingly operate a customer facility
- 47.7% do not use the privilege
- 18.1% deny usage but factually transfer electricity to third parties
Share of electricity transfers for unknowing usage:
- 45% < 5%
- 14.8% between 5–10%
- 6.9%: 10–20%
- 8.5%: 20–30%
- 24.8%: > 30%
Electricity supply within the customer facility:
- 78% to the company itself
- 22% to external parties (affiliated companies/service providers)

Note: Values refer to the sample and are not representative of all companies.

The complete survey is available for download in PDF format:

Customer Facilities under the Energy Industry Act (PDF, 432 KB) (only available in German)