RLM gas customers should examine claims against gas suppliers for reimbursement of surpluses in the RLM balancing account

Briefing

German energy policy and the associated regulatory framework pose complex challenges for companies, especially large consumers. In addition to the well-known cost factors such as grid fees and charges, there is hidden financial potential in the gas market that remains untapped for many market participants. One such potential lies in the claims for reimbursement of surpluses in accordance with GaBi Gas 2.0 (Network Code on Gas Balancing) from the RLM balancing account, which result from regulation by Trading Hub Europe (THE). This article analyses the legal and economic aspects of surplus reimbursement and offers guidance for companies on how to effectively enforce their claims.

The balancing charge system and the creation of surpluses

Registered load profile measurement (RLM) is used to record gas consumption in detail for large customers. To ensure grid stability, the market area manager THE levies a balancing charge. This charge is intended to cover the costs of the balancing and control energy systems in the gas grid that arise from deviations between forecast and actual consumption. THE calculates the amount of the charge based on forecast models.

As practice has shown, the actual costs for balancing can be lower than the forecast revenues due to stable market situations or low control energy requirements. As a result, surpluses arise in the balancing account. In accordance with Section 16 of the terms and conditions for the balancing group contract, THE is obliged to distribute these credits to the balancing group managers – usually the gas suppliers of the end customers – to reduce future charges. The transfer of surpluses to suppliers is therefore regulated by contract and by law (more information here).

The problem: legal loopholes and failure to pass on savings to end customers

No legal requirement: The key weakness in this system lies in the chain of distribution. There is no legally prescribed regulation between the balancing group manager/gas supplier and the end customer that guarantees automatic and full distribution of the payments.
Lack of contractual basis: As a result, there is no automatic obligation on the supplier to pass on the surpluses received to the end customer. The end customer’s entitlement therefore depends primarily on the individual contract terms. If there is no explicit clause on the passing on of charges as transitory items, suppliers may retain the distributions.
Information asymmetry: The lack of transparency in the passing on of information exacerbates the problem. Most end customers are unaware of the distributions, as suppliers do not proactively inform them about the credits they have received. In addition, the bills are often complex and confusing, which makes it difficult to take targeted action. However, THE announced the distribution in a press release in January 2025.
Amount of distributions: The amount of surpluses that could be distributed to suppliers is sometimes considerable. For large energy-intensive consumers, potential refunds can reach six or seven-figure sums. These amounts represent a significant item in energy costs, so it is usually worthwhile to check any claims.

Options for action within companies: How to secure your claims

Companies wishing to claim a refund should proceed in a structured manner.

Contract analysis: The first step is to carefully review the existing gas supply contract. It must be clarified whether there are provisions for passing on charges and whether the supplier is legally obliged to pass them on.
Correspondence with the supplier: If there is a contractual basis or to clarify the situation, the supplier should be requested in writing to provide information about distributions received and to pay out the corresponding shares.
Introduction of a clause for future contracts: When negotiating new contracts, it is important to insist on clearly defining the passing on of charges and stipulating this in the contract.

Conclusion and outlook

The issue of surplus refunds from the RLM balancing account highlights the need for energy-intensive companies to review their energy procurement contracts in detail and actively exercise their rights. The potential refund amounts can be significant and contribute to reducing energy costs. A proactive and technically sound approach is essential to ensure that the funds collected from end consumers are returned to them. Legal review of the contractual situation and consistent enforcement of claims are crucial to realising this economic potential. We are happy to assist you in asserting any claims against your gas supplier. We have already successfully asserted payment claims in several cases.

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