Further market penetration of electric vehicles is required for both climate protection and preservation of the value added in the German and European automotive sector. In this context, for reasons of user acceptance, the publicly accessible charging infrastructure is a key factor. The author examines whether the legal system provides for a free choice of supplier at these infrastructures. The study covers third party access claims based on German and European energy and competition law, with a key focus on the essential facilities doctrine, as well as possible obligations for operators to ensure electricity supply for consumers. In this context, current and foreseeable market trends are considered. Results of the analysis are then used to draw conclusions with regard to the European Directive 2014/94/EU, which provides first regulatory standards for the charging infrastructure. Finally, the author outlines scope and limits of a regulation from a political point of view.