Questione giuridica chiave
Whether Art. 31a StromVV is lawful, including the reduced interest rate and the application procedure under paragraph 2.
Decisione estratta
Art. 31a StromVV is lawful; the Federal Council could set different interest rates for different assets, the reduction is not a punitive sanction, the procedure under paragraph 2 is a permissible concretization of cooperation duties, and there is no impermissible retroactivity.
Motivazione estratta
The statute authorizes the Federal Council to set the basis for calculating capital costs and the relevant interest rate. A lower rate for assets that were revalued is objectively justifiable because revalued assets do not require the same capital financing. The verification mechanism relies on party cooperation in matters better known to the operator and does not shift the burden of proof unlawfully.