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Germany’s major conventional power producers, including RWE, E.On, and Vattenfall have also complained about the EEG mandate to purchase renewable energy at fixed prices. For obvious reasons, conventional power producers object to the government’s favorably discriminatory treatment of renewable energy producers who would otherwise not be capable of competing in the marketplace. German power companies brought their complaint unsuccessfully to the European Court, where they argued that Germany’s EEG provision violates EU legislation regarding government assistance to domestic industries.45
Nonetheless, conventional utilities and energy marketers have learned to profit from EEG mandates. Since wind and solar generators produce power mainly during daylight hours, power marketers usually buy renewable energy during the day at stipulated fixed costs and sell it to consumers at even higher rates, especially during peak daytime periods. Cheaper, conventionally-generated power is purchased in larger quantity at night, when demand and tariffs are significantly lower. In 2003, a German energy industry association estimated annual profits from renewable electricity trading at approximately 25 million Euros.