Energy

Climate protection targets that are binding under international and European law lead to far-reaching changes in the regulatory framework and the economic market environment. This opens up new business opportunities in competition. However, long-term capital-intensive investments by energy suppliers and industrial companies can also be economically endangered. Whether our clients want to seize new business opportunities or protect and secure their investments and previous businesses, the experts in our Energy industry group advise them at the highest level.

Our team of more than 40 lawyers from all relevant fields of law is proud to be commissioned by our clients when transactions, projects, cooperations, reorganisation, restructuring, arbitration or litigation proceedings become difficult and complex. In such cases we can use our specific legal and tax knowledge to the advantage of our clients. In addition, our partners contribute many years of industry knowledge, economic expertise, a deep understanding of technology and political empathy. We pursue a strategic consulting approach.

Our expertise covers the entire value chain in the energy industry, the extraction and production of coal, oil and gas, their maritime or land-based transport via ships, pipelines and transmission networks, the generation of electricity in conventional and renewable energy plants of all kinds, the storage of gas and electricity, the operation of distribution networks, the trading and sale of electricity and gas as well as media such as heat, cold or hydrogen.

Our clients include leading energy utilities, their generation, grid, trading or wholesale companies, independent power generators and energy traders, large industrial companies, project developers as well as financial investors and banks. They rightly place their trust in our many years of expertise and in the fact that we always advise them at the highest level.

Our range of advisory services

Purchase and sale of utilities and grid operators
Power plant, underground gas storage and renewable energy projects
Joint ventures and cooperation agreements, restructuring of utilities

Implementation of unbundling provisions
Regulation of network connection and network access
Regulation of use-of-system charges / incentive regulation
Concession agreements, concession levies, sale and transfer of networks
Cooperation of network operators, network leasing
Power supply and energy trading contracts / trading of emission certificates
Renewable Energy Sources Act (EEG) / Combined Heat and Power Act (KWKG)
Contracting

Price control of electricity, gas, water and district heating / abuse of dominance proceedings
Cooperation of utilities and network operators
Validity and enforceability of long-term supply agreements
German and European merger control notifications / coordination of international merger control filings
Antitrust compliance and antitrust fine proceedings

Privatisation of utilities
Concession agreements and participation in utilities
Procurement of energy demand, services, or street lighting

Approval of power plants and renewable energy projects
Approval of line construction or expansion projects
Emission trading scheme for power plant operators and industrial enterprises
Mining law advice with regard to natural gas and oil production or natural gas underground storage

Leasehold agreements or leases in conventional power plant or renewable energy projects
Engineering, procurement and construction agreements as well as services and O&M contracts for conventional power plant or renewable energy projects
Residential contracting projects

National and international arbitration proceedings in connection with energy or infrastructure projects or gas price adjustments
Investment protection proceedings before international arbitration courts under the Energy Charter Treaty, UNCITRAL or ICSID

Equity and debt financing of acquisitions and investments
Financing of infrastructure projects
Investment funds in the field of renewable energy
Regulation of energy trading

Tax structuring in support of transactions
Tax optimisation of joint ventures, cooperations, reorganisations
Transfer pricing advice
Energy taxation

News

24.10.2024

Luther wins the 2024 JUVE Award as law firm of the year for regulation

14.10.2024

Luther expert takes position on the German Bundestag's Committee for Climate and Energy

07.02.2024

Luther advises on the largest Net Zero project in the European steel industry - EUR 2.6 billion funding approved for the use of green hydrogen

19.12.2023

District heating in Berlin: Luther successfully advises the State of Berlin in the bidding process for the acquisition of Vattenfall Wärme Berlin

05.12.2023 Blog

The European Commission’s Wind Power Action Plan of 24 October 2023 – Immediate Actions to Strengthen the European Wind Energy Sector

Key Contact >>

Key Contact

Dr Holger Stappert

Partner

T +49 211 5660 24843

View Profile >>

Team Energy

Portrait Rechtsanwalt Hans-Christian Ackermann

Hans-Christian Ackermann
Partner
Dusseldorf

Dr Konrad Adenauer
Partner
Cologne

Dr Stefan Altenschmidt, LL.M. (Nottingham)
Partner
Dusseldorf

[Translate to English:] Małgorzata Albe, LL.M.

Małgorzata Albe, LL.M.
Junior Consultant
Leipzig

Dr Stephan Bausch, D.U.
Partner
Cologne

Dr Carsten E. Beisheim
Partner
Dusseldorf

Dr Michael Bormann
Partner
Dusseldorf

Dr Jürgen Bremer
Partner
Dusseldorf

Dr Arndt Begemann
Of Counsel
Essen

Dr Johannes Becker
Counsel
Cologne

Bernhard Burkert, LL.M. (Stellenbosch)
Counsel
Berlin

Yelena Bonzel
Senior Associate
Dusseldorf

Dr Valerie Blettenberg
Associate
Munich

Lilith Boos
Associate
Dusseldorf

Tarik Bilici, LL.M.
Junior Consultant
Dusseldorf

Marx Dauth, LL.M.
Partner
Cologne

Dr Sabrina Desens
Partner
Leipzig

Philipp Dietz, LL.M. (Edinburgh)
Partner
Cologne

Dr Borbála Dux-Wenzel, LL.M.
Partner
Cologne

Dr Gernot-Rüdiger Engel
Partner
Hamburg

Dr Martin Fleckenstein
Partner
Berlin

Nicole Fröhlich
Partner
Frankfurt a.M.

Cosima Flock
Counsel
Dusseldorf

Henrik Fischer
Associate
Leipzig

Dr Stefan Galla
Partner
Essen

Franz-Rudolf Groß, LL.M. (London)
Counsel
Dusseldorf

Dennis Gerdes
Senior Consultant
Hamburg

Dr Richard Happ
Partner
Hamburg

Dr Rut Herten-Koch, M.A.
Partner
Berlin

Dr Christian Horn, LL.M. (Tulane)
Partner
Berlin

Ekkehard Hübel
Counsel
Hamburg

Ramona Hubracht, LL.M. Taxation
Counsel
Frankfurt a.M.

Ebru Helou
Associate
Munich

Dr Jan-Lukas Henkst
Associate
Dusseldorf

Marie Hoster, LL.B.
Associate
Essen, Dusseldorf

Isabel Hoyer
Associate
Frankfurt a.M.

Dr Guido Jansen
Partner
Dusseldorf

Dr Helmut Janssen, LL.M. (King's College London)
Partner
Brussels, Dusseldorf

Philipp Kersting
Partner
Jakarta

Katharina Klenk-Wernitzki, Dipl. Reg.-Wiss
Partner
Berlin, Cologne

Dr Rolf Kobabe
Partner
Hamburg

Dr Stefan Kobes
Partner
Berlin

Karsten Köhler
Partner
Leipzig

Christiane Kühn, LL.M. (Hong Kong)
Partner
Munich

Philipp Kropatscheck Nguyen, LL.M.
Of Counsel
Singapore

Oliver Köhler
Counsel
Frankfurt a.M.

Lena-Annika Kauer
Senior Associate
Hamburg

Tillmann Kamp
Associate
Cologne

Dr.iur. Andreas Knaul, LL.M. diap (ENA)
--
Berlin

Elisabeth Lepique
Managing Partner
Cologne

Prof. Dr Tobias Leidinger
Partner
Dusseldorf

Dr Andreas Meyer-Landrut
Of Counsel
Dusseldorf

Mee Foo Moh
Of Counsel
Singapore

Dr Mathias Mailänder
Counsel
Hamburg

Andreas Mally
Counsel
Leipzig

Johannes Müller
Senior Associate
Munich

Pauline Müller
Senior Associate
Dusseldorf

Daniel Naumann
Partner
Leipzig

David Nückel
Associate
Dusseldorf

Ulf-Dieter Pape
Partner
Hanover

Dominika Peter
Associate
Berlin

Stephanie Quaß
Senior Associate
Frankfurt a.M.

Tim Rauschning
Partner
Hamburg

Dr Stephan Rippert LL.M.
Partner
Munich

Benedikt Rechner
Counsel
Berlin

Dr Markus Sengpiel
Managing Partner
Cologne

Prof Dr Florian Schulz M.B.A. (Nimbas)
Partner
Hamburg

Dr Björn Simon
Partner
Frankfurt a.M.

Dr Holger Stappert
Partner
Dusseldorf

Gerd Stuhlmacher
Partner
Munich

[Translate to English:] Dr. David von Saucken, MJur (Oxon)

Dr David von Saucken, MJur (Oxon)
Partner
Berlin, London

Leif Dustin Schneider
Counsel
Ho Chi Minh City

Vanessa Meireles Schilling, LL.M. (Geneva MIDS)
Senior Associate
Hamburg

Christoph Schnoor
Senior Associate
Hamburg

Jacqueline Dutz
Associate
Leipzig

Sophie Schulz
Associate
Leipzig

David Steinschulte
Associate
Dusseldorf

Arne Stumpe
Associate
Hamburg

Dr Johannes Teichmann
Partner
Frankfurt a.M.

Dr Frederic Tewes
Senior Associate
Dusseldorf

Volkan Top
Senior Associate
Hamburg

Jenny Tsynn
Senior Associate
Leipzig

Jade Timmermann, LL.M. (London)
Associate
Leipzig

Marc Urlichs
Counsel
Dusseldorf

Dr Angelo Vallone
Partner
Dusseldorf

Dr Andreas Vath
Partner
Munich

Nikolas Völk
Associate
Munich

David Wölting
Senior Associate
Dusseldorf

Julia Walther
Associate
Leipzig

Julian Wantzen, LL.M. (Wellington)
Associate
Frankfurt a.M.

Quirin Wedel, LL.M. (London)
Associate
Hamburg

Simon Wickel
Associate
Dusseldorf

Prof. Christian Zanner
Partner
Berlin

Ahmed Zoughbi
Associate
Dusseldorf

Credentials

State of Berlin - Advice on the acquisition of GASAG AG and ist district heating network

SHS - Stahl-Holding-Saar GmbH & Co. KGaA - Comprehensive legal advice on environmental, planning, state aid, energy and public procurement law in the pioneering ‘Green Steel’ project to decarbonise steel production and state aid advice on obtaining subsidies of EUR 2.6 billion

E.ON SE - Representation in ICSID arbitration proceedings before the World Bank against the Kingdom of Spain due to fundamental changes in the compensation regime for renewable energies

Deutsche Telekom AG - Advice on the conclusion of an offshore PPA with EnBW

Energy Infrastructure Partners AG - Advice on the acquisition of the 19.85% stake in Fluxys NV/SA (‘Fluxys’) held by Caisse de dé dépôt et placement du Québec. In particular, advice on regulatory issues, including unbundling, regulatory peculiarities and due diligence

Deutsche Energy Terminals GmbH - Advice and successful representation in the initiation of abuse proceedings before the Federal Network Agency and the Düsseldorf Higher Regional Court in the context of a positive state aid decision in the amount of approximately EUR 4 billion

Gas trading company – Advice on the planned sale of a minority interest in a biogas plant operating company

Transmission system operator – Preparation of a legal report on the market-based procurement of black start capability

Energy supplier – Energy and state aid law advice on the construction of a hybrid large-scale battery storage system

INEOS Manufacturing Deutschland GmbH – Advice on the production of green hydrogen and energy law advice on a planned hydrogen electrolyzer

Sunrock Holding Deutschland GmbH – Advice in connection with securing a financing for a solar park portfolio in the amount of EUR 100 million

Lichtblick SE – Comprehensive legal advice on the acquisition of all shares in Solargrün GmbH

Evonik Operations GmbH – Advice on the conclusion of an offshore PPA with EnBW for the He Dreiht offshore wind farm for an installed capacity of 150 MW

RWTH Aachen – Advice on an innovation project for CO2-neutral district heating using geothermal energy, photovoltaics, heat pumps, waste heat utilisation, supply via energy grid, enabling e-mobility

MET Holding AG – Advice on the sale of the H2 Lubmin stake to Foresight

Eiffel Investment Group – Regular performance of due diligence for PV plants

Dutch energy supplier – Legal advice on the planned participation in an LNG operating company

SEFE Securing Energy for Europe GmbH – Advice on the purchase of green hydrogen from Norway

E.ON Energy Projects GmbH – Advice on various biomass power plant projects

German energy trading company – Advice on the development of a target operating model

SEFE Securing Energy for Europe GmbH - Advising on the conclusion of a term sheet for the import of green ammonia and green hydrogen from Canada

Investor in energy assets – Advice on the planned acquisition of up to 50% of the shares in an offshore wind farm operating company

German energy supplier – Advice on a request for information due to alleged market abuse under REMIT through misleading signals

Swiss energy supplier – Representation in ICC arbitration proceedings against an energy supplier due to omitted gas deliveries

Energy supplier – Defence against the accusation of an alleged violation of the prohibition of market manipulation under the EEX Code of Conduct as well as possible defence in a possible administrative offence by the BaFin in the same matter

Bayernwerk Natur GmbH – Advice on the acquisition of a ground-mounted PV park from a project development company for plants of energy supply from renewable energy sources

Eneco B. V. - Advice on the investment in the Munich-based PropTech start-up 42 Watts

Gas trading company - Advice on the planned acquisition of a biogas portfolio

Dutch energy supplier - Advice on the planned acquisition of one of the largest direct marketing companies in Germany

Energy supplier – Legal review of the legal consequences of the partial market decoupling of EPEX SPOT for certain contracts of the clients

Solar project developer – Legal advice in connection with various issues regarding the (flexible) use of battery storage in connection with PV systems on commercial properties

ista SE – Advice on the acquisition of Chargemaker from Mainova and Dussmann

Asset manager for real estate - Advice on the acquisition of a solar portfolio, including conducting DD, tax DD, advice on structuring the transaction, reviewing and negotiating all documentation and assisting with the signing / closing process

Seven companies - Legal and strategic advice in the course of prequalification for participation in a bidding process for a 15-year climate protection contract

Tennet TSO GmbH - Successful defence against a claim by OWP Nordsee Ost for disruption of grid connection

Lichtblick SE - Comprehensive legal and tax advice on the acquisition of the trades platform Installion

Global Infrastructure Management, LLC - Advice on regulatory issues in the context of the acquisition by Black Rock (transaction volume of EUR 12.5 billion)

German energy supplier – Advice on mining law issues regarding the construction of a deep geothermal energy plant

badenova WärmePlus GmbH & Co. KG – Public law advice regarding the Baz euner deep geothermal energy plant

British energy supplier – Advice on the conclusion of physical option contracts for the purchase of electricity

Refinery operator – Advice on the establishment of two joint ventures for the large-scale industrial production of hydrogen

LEAG – Advice on the coal phase-out in negotiations with the federal government

Federal Company for Radioactive Waste Disposal – Advice on the retrieval of radioactive waste from the Asse II mine

Storage facility operator – Comprehensive legal advice on the possible decommissioning of a cavern storage facility

Confectionery manufacturer – Advice on a power plant project (biomass)

EEW Energy from Waste GmbH – Successful representation before the ECJ and the Federal Court of Justice in a dispute over whether thermal waste recycling plants take precedence over conventional plants under the Renewable Energy Directive

US oil company – Advice on natural gas extraction activities in environmental and environmental energy law as well as mining law and on climate protection issues

Federal Ministry for Economic Affairs and Energy – Advice on the design of the energy price brakes

Uniper Kraftwerke – Advice on the tendering of hydrogen-capable power plants

Eneco B. V. – Advice on the sale to Mitsubishi

Energy trading company – Advice on a possible levy system for additional gas costs under the Energy Security Act

MVV Energie AG – Advice on approval procedures for the construction of a total of four (deep) geothermal plants and organisation of a workshop on the approval procedures under mining and water law, as well as construction and immission control law

Gas network operator – Advice on approval and expropriation law for the conversion of a planned gas pipeline to hydrogen operation

Stadtwerke Münster GmbH – Procurement and contract law advice on the feasibility study for the construction of a (deep) geothermal plant

Röhm GmbH – Advice on a sale & lease back transaction with GETEC heat & power GmbH

Automotive manufacturer – Advice on the Measurement and Calibration Act

Energy supplier – Advice and representation in proceedings before the BKartA to examine possible abuse of the relief provisions under the Natural Gas Heating Price Control Act

HH2E AG – Advice to a German start-up in the field of green energy on the development of hydrogen projects in the former brown coal mining areas of central Germany

Holcim GmbH – Strategy advice regarding the complete conversion of cement production to hydrogen as a renewable energy source in the group

German energy supplier – Advice on the compatibility of the trading strategy and specific trading transactions with REMIT, response to a request from the trading supervisory authority of EPEX Spot

Download

Brochures

Hydrogen - Energy and Mobility of the Future

Solar energy - an important element of the energy transition

Geothermal Energy - Heat and Power From the Earth

Onshore Wind Energy - Pillar of the energy transition