Energy Law

In the fields of energy industry law and regulation, we advice our clients on all matters relating to the legal framework of the energy industry. From market approval to the implementation of regulatory requirements, we are by your side to ensure your company acts in compliance with the legal requirements.

• Implementation of unbundling requirements in the electricity, gas and hydrogen industries
• Certification of transmission system operators
• Regulation of the operation of energy supply grids
• Network connection and network access regulation
• Regulation of network access charges/incentive regulation; exemption of certain special types of infrastructure and innovative projects from regulation
• Representation before regulatory authorities and in court
• Basic and substitute supply
• Advice on energy storage business models
• Access to underground natural gas storage facilities
• Advice on “closed distribution systems” and “customer facilities”
• Conclusion of right-of-way agreements and concession contracts
• Advice on potential cooperation and participation models in connection with the award of concession contracts
• Regulation of biogas feed-in into public natural gas grids

Based on our expertise in energy antitrust law, we can advise clients on antitrust issues and help them maintain fair competition practices. We ensure that your company can operate successfully in a dynamic market environment.

• Transactional antitrust advice in the energy sector
• Adequacy of prices for electricity, gas, hydrogen, district heat and water
• Other abuse of dominance control
• Cooperation between energy suppliers/grid operators/energy service providers
• Compatibility of long-term supply contracts or grid access contracts with antitrust law
• German and European merger control/coordination of filing requirements
• Development and implementation of compliance systems
• Advice and representation in antitrust fine proceedings

The German Renewable Energy Sources Act (EEG) and the German Combined Heat and Power Generation Act (KWKG) are central instruments in promoting renewable energy sources and efficient energy generation. Our experts can help you make the best possible use of these laws to develop and implement sustainable energy solutions.

• Due diligence on renewable energy projects in the fields of onshore and offshore wind energy, solar thermal energy, photovoltaics, hydrogen, geothermal energy, biomass, hydropower, sewage gas and mine gas under the Renewable Energy Sources Act (EEG) and the Combined Heat and Power Generation Act (KWKG)
• Connection and remuneration obligations/eligibility for funding of renewable energy projects/duration and amount of feed-in tariffs
• Direct marketing
• Approval of power plants according to the Combined Heat and Power Generation Act (KWKG)
• Eligibility for funding of cogeneration plants, heating and cooling networks and heat and cold storage facilities
• Limitation of cogeneration surcharge

In the fields of energy contract law and energy trading, we offer customised advice on contracts and transactions in the energy industry. Our aim is to ensure that you have in place robust contracts that provide for maximum flexibility for your company in energy trading.

• Drafting and negotiation of energy supply contracts in the electricity, gas, hydrogen and heat sectors
• Drafting and negotiation of power purchase agreements (PPAs)
• Drafting of grid connection and grid access contracts
• Drafting of contracts regarding the operation of metering points
• Drafting and negotiation of energy storage contracts
• Representation in courts (of arbitration) of companies in civil-law disputes related to energy trading agreements
• Price adjustments and representation in court of energy suppliers in proceedings to determine whether electricity and gas prices and network and metering charges are reasonable, as required by Section 315 German Civil Code (BGB)
• Negotiation of energy trading contracts and emission rights trading on the basis of standard agreements (EFET, ISDA, DRV, IETA)
• Negotiation and conclusion of supplementary agreements to commercial contracts such as CSA, CPMA or MNA
• Legal advice on regulatory issues in energy trading/organised markets (in particular, reporting and publication obligations, market manipulation and insider trading)
• Drafting of contracts for power plant projects or renewable energy projects
• Drafting and negotiating of contracting projects