Key legal question
Whether Kraftwerke Hinterrhein AG is a network operator under Art. 2(3) NIV
Extracted holding
Yes. The company operates the distribution network that supplies end consumers, so it is the network operator responsible under the NIV.
Extracted reasoning
The wording of Art. 2(3) NIV points to the actual operator of the distribution network, not the entity that merely sells electricity. The concession and energy-supply agreements showed that the appellant built, operated and maintained the network up to the house connections.