Data center with server racks and power infrastructure

Legally compliant power supply for data centers – without DSO status

Data Centers

With ECJ ruling C-293/23 and BGH decision EnVR 83/20, the German "Kundenanlage" concept under § 3 No. 24a EnWG is effectively abolished. Anyone supplying power to colocation tenants runs a distribution grid – with all the obligations. We take over metering, measurement hardware or the complete grid operation to keep you legally compliant.

Energy and law in the data center

Data centers are power-hungry – and legally highly sensitive. Following ECJ C-293/23 (28 Nov 2024) and BGH EnVR 83/20 (13 May 2025), supplying power to colocation tenants can no longer be treated as a "Kundenanlage" under § 3 No. 24a EnWG but qualifies as a distribution grid – with full DSO obligations. acteno offers three solutions covering every risk level.

Three key questions:

End of the Kundenanlage

The previous exemption for internal power distribution no longer applies to colocation operators – the installation becomes a distribution grid.

Metering & billing

Who operates calibration-compliant meters and settles electricity and grid fees audit-proof?

Trade tax privilege

Does the extended trade tax deduction for your real estate company remain intact?

What we measure in the data center

acteno is a licensed metering point operator (MsbG) – the foundation of every service we offer. We install calibration-compliant meters nationwide across all voltage levels (LV, MV, HV) and corporate sites – from the grid connection point down to the rack level, including backup power, UPS, PV and storage. Every installation follows a documented metering concept that cleanly separates generation, self-consumption and third-party deliveries – the basis for billing, regulatory privileges and ESG proof. Below we list a few examples.

Grid connection

•RLM metering at the connection point (LV, MV, HV)
•Active and reactive power, 15-minute profiles
•Basis for grid fees and § 19 privileges

IT load, cooling & rack

•Server racks, PDUs and cooling measured separately
•Per-rack metering for colocation billing
•Basis for PUE, CUE and WUE metrics

Backup power

•Diesel generators: test runs and failover
•UPS input and output, feed-back flows
•Documentation for customs and allocation proof

PV, storage & generation

•PV generation, feed-in and self-consumption
•Battery storage: charge and discharge profiles
•CHP plants compliant with EEG/KWKG

The end of the Kundenanlage for data centers

Until now, data centers could rely on the "Kundenanlage" under § 3 No. 24a EnWG to avoid DSO regulation. The ECJ judgment of 28 Nov 2024 (C-293/23) declared this German exemption incompatible with EU law. The BGH ordered directive-compliant interpretation on 13 May 2025 (EnVR 83/20): a Kundenanlage now only covers cabling for power not intended for sale – pure self-consumption. Once power is passed on to colocation tenants, the installation qualifies as a distribution grid under the EU Directive.

Previously: Kundenanlage

Internal distribution counted as Kundenanlage under § 3 No. 24a EnWG – exempt from DSO obligations.

Power sold to tenants

Colocation customers receive power for a fee – the network serves sale to end customers.

Now: distribution grid

Full DSO duties: unbundling, balancing group, grid fees, reporting to BNetzA.

The consequence:

Every data center operator with colocation customers faces a choice – either carry the full regulatory load of a DSO or set up a legally compliant alternative. There is no third option of sitting out the risk.

From Kundenanlage to grid operation – we accompany you

We offer two models for bringing your data center into regulated grid operation – depending on how much responsibility you want to keep in-house. Both variants are tailored individually to your site, tenant structure, voltage level and operating model. Which path is viable we clarify upfront in a joint assessment.

Model A

You remain the grid operator – we handle the authorisation

You keep the grid operator role in-house – acteno clears the administrative path and handles application, approval and registration with the BNetzA.

Ideal for

Operators who want to retain the grid operator role for strategic, tax or balance-sheet reasons.

Services

✓Select legal framework (KDA, § 110 EnWG or general supply)
✓BNetzA application & market-role registration
✓Unbundling & publication documentation
✓Process design for balancing, MaKo & billing
✓Dialogue with BNetzA, upstream DSO & balancing-group responsibles

Model B

We become the grid operator – you lease us the grid

You lease us the grid behind your connection point – acteno becomes the responsible grid operator toward BNetzA, tenants and suppliers. You remain a pure space and infrastructure provider.

Ideal for

Pure real estate and infrastructure providers who want to fully outsource energy operations and regulation.

Services

✓Registration as grid operator with the BNetzA
✓Balancing, balancing-group management & MaKo (EDIFACT)
✓Grid fees & network losses (§ 10 StromNEV)
✓Unbundling, publication & supplier onboarding
✓24/7 fault management toward the DSO

Especially attractive for pure real estate operators

Only this way is the extended trade tax deduction (§ 9 No. 1 Sentence 2 GewStG) preserved. More below →

For the data center

No DSO duties, no unbundling, no BNetzA filings.

For the tenants

Free choice of supplier – like at any other connection.

For the regulator

A clearly addressable entity: acteno as responsible grid operator.

Preserve the extended trade tax deduction

The tax benefit does not apply universally but specifically where the data center is held in a real estate company – typically in wholesale models, powered-shell concepts or build-to-suit structures for hyperscalers, where the landlord only provides space, building services and a power connection. Double-deck structures are also relevant, where a property GmbH holds the building and a separate operator company provides active services.

In these constellations, the extended trade tax deduction under § 9 No. 1 Sentence 2 GewStG comes into play: the real estate company effectively pays no trade tax on rental income. The condition is exclusive management of own real estate – any commercial side activity voids the deduction. Supplying electricity to tenants is such a harmful activity. The 2021 safe-harbour (§ 9 No. 1 Sentence 3 GewStG) only covers renewable electricity and EV charging up to 10 % – not ordinary data center power supply.

If acteno takes over grid operation and tenants choose their own supplier, the real estate company stays a pure landlord and the deduction remains intact. For classic full-service colocation (cooling, security, remote hands provided by the landlord), the model typically does not apply – the letting activity itself is already commercial.

Pure leasing

Building remains real estate without commercial surcharge.

Free supplier choice

Each colocation customer contracts their own electricity supply.

Secure tax benefit

Extended trade tax deduction remains in place for the real estate company.

acteno as grid operator

Full regulatory relief and legally compliant structure.

Act with legal certainty – before the regulator audits

We analyze your grid structure and show which of the three solutions fits your data center best.

Request free consultation

Frequently Asked Questions

Answers on the ECJ ruling, grid operation and tax implications for data center operators.

What changes for data center operators due to ECJ C-293/23 and BGH EnVR 83/20?+

In its 28 Nov 2024 judgment (C-293/23), the ECJ ruled the German Kundenanlage exemption in § 3 No. 24a EnWG partly incompatible with the EU Electricity Directive. On 13 May 2025, the BGH (EnVR 83/20) ordered directive-compliant interpretation: only cabling carrying power that is NOT intended for sale (e.g. self-consumption) still qualifies. Data centers supplying colocation tenants therefore run a distribution grid – subject to full DSO duties: unbundling, balancing group responsibility, grid fee settlement and reporting to the Federal Network Agency.

What obligations does a distribution system operator (DSO) have?+

DSOs are subject to extensive regulatory requirements: calibration-compliant metering point operation, balancing group responsibility, grid fee and levy billing, publication and notification obligations, unbundling requirements and monitoring by the Federal Network Agency. For data center operators this is neither economically viable nor a fit with their core business – which is why we take on this role as a specialized service provider.

How does complete grid operation by acteno work?+

acteno takes over the electrical grid behind the data center's point of common coupling as a registered grid operator. We carry the balancing group responsibility, settle grid usage directly with tenants and fulfil all regulatory obligations. The data center operator remains a pure real estate and infrastructure provider – end customers freely choose their energy supplier.

What is third-party allocation and why is it so critical for data centers?+

Third-party allocation refers to the calibration-compliant metrological separation of self-consumed and onward-supplied electricity. In a data center, self-generated flows are typical – from backup diesel testing, UPS feed-back, rooftop PV and battery storage. All flows must be unambiguously allocated at every interface to the right consumers (operator vs. colocation tenants). Without this allocation, electricity tax relief (§ 9, § 9b StromStG), individual grid fees (§ 19 (2) StromNEV) and EEG/KWKG privileges can be clawed back – customs authorities audit up to four years retroactively.

For which data center structures is the extended trade tax deduction relevant?+

The extended deduction under § 9 No. 1 Sentence 2 GewStG requires the company to exclusively manage its own real estate. For classic full-service colocation operators (cooling, security, remote hands from a single source) the benefit is usually unreachable, because these services are already commercial. The deduction is relevant for wholesale leasing, powered-shell and build-to-suit models, and double-deck structures, where the real estate company only provides the building including a power connection. In exactly these cases, power supply to the tenant is the critical point: outsourcing grid operation to acteno and letting the tenant choose their own supplier keeps the deduction intact.

Jetzt zu acteno wechseln

Wenn Sie Fragen haben, können Sie uns anrufen oder einen Termin vereinbaren.

Schedule a meeting Contact us