Appointment of a leaseholder for a distribution network - application

German version

General information

The holder of a concession may transfer the right to exercise the concession to a leaseholder, who will exercise the concession acting on their own behalf and for their own account. The appointment of a leaseholder must be approved by the authorities (Art. 54 (3) (2) (b) and Art. 60 Vienna Electricity Act 2005).

Requirements

If the leaseholder is a natural person, they must

  • be of full legal age and capacity and have a minimum age of 24
  • be an Austrian citizen or have an equivalent status due to EU law or an interstate treaty
  • be domiciled in Austria or in another country whose nationals are treated equally to Austrians due to EU law or an interstate treaty

If the leaseholder is a legal person, a business partnership or a registered general partnership, they must be headquartered in Austria or another EU or EEA member state and appoint a managing director. Applicants cannot be considered as leaseholders if they have been excluded from exercising the concession. Grounds for exclusion are conviction for certain crimes and filing for bankruptcy or composition (Art. 54 (4) Vienna Electricity Act 2005).

If more than 100,000 customers are connected to the distribution network and if the leaseholder belongs to an integrated power company, their independence must be secured by ensuring that

  • the leaseholder does not belong to business units of the integrated electricity company that are directly or indirectly in charge of operations in the areas of electricity generation and supply
  • the professional interests of the leaseholder are taken into consideration in such a way that their independence is ensured (particularly, the reasons for the dismissal of a leaseholder must be clearly outlined in the articles of association of the distribution network operator)
  • the decision-making power concerning assets required for the operation, maintenance or the further development of the supply network rests with the leaseholder
  • non-discrimination programme is developed that details the measures that will be taken to prevent discriminatory behaviour, the measures that will be taken to ensure sufficient monitoring of the adherence to the programme, and the obligations of the employees with respect to achieving the goal
  • If a supervisory board has been or will be established: the supervisory board of the leaseholder must have at least two members who are independent as regards the parent company

Deadlines

None

Contact

Office of the Vienna Provincial Government
Legal Affairs: Construction, Energy, Railways, Traffic and Aviation (MA 64)
Energy Group
1080 Vienna, Lerchenfelder Straße 4
Phone: +43 1 4000-89959
Fax: +43 1 4000-99-89910
E-mail: post@ma64.wien.gv.at

Public hours: Tuesdays 7.30 am to 12.30 pm and Thursdays 7.30 am to 3.30 pm

Documents required

  • Lease agreement
  • Declaration that there are no pending or completed bankruptcy or composition proceedings
  • If a power of authority has been issued: power of authority

If the leaseholder is a natural person:

If the leaseholder is a legal person:

If more than 100,000 customers are connected to the distribution network, the following must also be provided:

  • Details on the legal independence from all business units that are not related to distribution
  • Details about the positions of the persons in charge and documentation showing that these persons do not belong to business units of the integrated electricity company that are directly or indirectly in charge of operations in the areas of electricity generation and supply
  • Documentation showing the decision-making power of the leaseholder concerning assets required for the operation, maintenance or further development of the supply network
  • Articles of association of the leaseholder
  • Details about the financial and human resources of the leaseholder as proof that they will be able to meet their obligations
  • Non-discrimination programme
  • Appointment of a non-discrimination advisor
  • If a supervisory board has been or will be established: the supervisory board of the leaseholder must have at least two members who are independent as regards the parent company

Fees

The fees are due after the procedure has been concluded and amount to:

  • Provincial administrative fee: EUR 6.54
  • Duty for the application as per Duty on Documents Act: EUR 14.30

Further costs depend on the number of documents filed with the application.

For any questions regarding payment, please contact the competent accounting department (Buchhaltungsabteilung 40) (German) of Municipal Department 6.

Form

Online application: Appointment of a leaseholder for a distribution network (German)

Further information

The leaseholder may not sub-lease.

The approval will be revoked if the leaseholder no longer meets one of the requirements. The holder of the concession must notify the authorities in writing if the lease is terminated or if any of the requirements for the approval of the leaseholder’s appointment are no longer met.

Legal basis: 2005 Vienna Electricity Act (German)

Homepage: Legal Affairs: Construction, Energy, Railways, Traffic and Aviation (MA 64) (German)

Contact for this page:
Municipal Department 64
Contact form