Regulierte Netze | Haslinger / Nagele, Illustration: Karl-Heinz Wasserbacher

ElWG-Check 2.0: changes for energy storage facilities

Authors: Johannes Hartlieb, Alexander Gimona

On July 4th, 2025, the review phase for the new Electricity Industry Act (ElWG) began. The aim is to comprehensively reform Austria’s electricity market law and adapt it to EU requirements and technological developments. The new law is particularly relevant for operators of energy storage systems – from home batteries to large-scale industrial storage. Here’s a look at the key changes in this important area.

What will be considered an energy storage facility in the future?

The ElWG clearly defines this in section 6 (36): An energy storage facility is any system in which electrical energy is stored – for example, through temporal shifting (e.g., battery storage) or by converting it into a storable form of energy (e.g., hydrogen by means of electrolysis). Electric vehicles with bidirectional charging are also included.

Operators are strengthened: storage = market players

According to section 82, all market participants will be allowed to operate energy storage facilities in the future. Storage facilities will not be classified as final consumers, thereby avoiding a double burden from grid fees.

There is now also legal certainty for private individuals and SMEs: as long as the storage facility is used for self-supply, no approval is required under the ElWG – only potentially under the Trade Regulation Act (GewO).

“Deferring the final use of electricity to a moment later than when it was generated, or the conversion of electrical energy into a form of energy which can be stored, the storing of such energy, and the subsequent reconversion of such energy into electrical energy or use as another energy carrier”

“Energy storage” according to the ElWG

Network operators: operating storage only in very exceptional cases

For network operators, operating storage is generally prohibited.

It is only permitted in two clearly defined cases:

If no market-based alternatives are available, or
if it is a fully integrated network component – for example, to stabilize the network frequency within the seconds range.

Approval by the regulatory authority is only required if no market-based alternatives exist (section 83 para. 2). In addition, section 84 of the Electricity Industry Act ensures that network operators clearly separate their roles: operating storage systems must not be mixed with regulated network business.

The goal is clear: maintain market neutrality and promote fair competition.

System usage fees: exceptions possible

Especially relevant for developers and innovation projects: Under section 125, research and demonstration projects involving storage systems can be exempt from network charges. This is intended to create a potential incentive for new storage technologies and pilot projects.

Storage in the decentralized energy world

The ElWG promotes:

active customers (section 60) who generate, store, and consume electricity,
energy communities (sections 64-65), which may also operate storage facilities jointly,
peer-to-peer contracts (section 62), in which storage plays a key role in temporal balancing.

The shared use of storage facilities is permitted and encouraged by law. Additionally, the new billing points will significantly simplify the integration of storage.

Conclusion: Storage will be treated equally under the law – and significantly upgraded!

The ElWG 2025 will upgrade battery storage and other forms of storage in legal and energy-economic terms:

They will be recognized as independent market players.
Operation by network operators remains strictly limited.
They are key to flexibility and the integration of renewable energies.

For operators, project developers, and private actors, this means greater clarity, fewer regulatory hurdles, and new opportunities in a decentralized, more flexible electricity system.

The draft law is currently in the review phase. It remains to be seen what the final outcome of the parliamentary process will be, particularly with regard to storage facilities.

In any case, we will continue to monitor current developments and keep you informed.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.