Cost allocation under § 90 EnWG following withdrawal of non-acceptance complaint in energy regulation dispute

The appellate court ordered the appellant to bear the costs of the non-acceptance complaint proceedings and set the dispute value at €2,715, effectively upholding the lower court’s procedural outcome as the complaint was withdrawn. The dispute arose from a non-acceptance complaint filed against a decision in an energy law matter, where the appellant voluntarily withdrew the appeal before the higher court engaged with the respondent agency. The decisive legal basis was § 90 of the Energy Industry and Telecommunications Act (EnWG), which assigns costs to the party who withdraws the complaint and thereby assumes the status of the losing party, while a refund of necessary expenses to the respondent agency was denied because the withdrawal occurred prior to the agency’s participation in the proceedings.