FIELDS OF LAW

Energy Law

Our energy law team advises national and international energy suppliers, project developers, energy traders, energy service providers, component manufacturers and contractors, financiers, investor companies, industry associations and public companies.

We are familiar with the challenges of the energy industry and know both the day-to-day business of energy companies and all the life cycles of energy projects. Our team has a particular focus on complex issues relating to photovoltaics, hydrogen and wind energy.

However, we not only advise energy companies or those closely associated with the energy industry, but also companies from industry and the transport sector, including local and long-distance transport, rail freight transport and local public rail and road passenger transport. Over the years, we have acquired particular expertise in advising on the use of alternative drive systems such as hydrogen and electromobility and the associated charging infrastructure and storage technologies.

We support complex energy projects across practice groups with other team members from our Construction and Real Estate, Corporate/M&A, Antitrust, Public Commercial Law and Public Procurement, Regulatory and Contract and Commercial Law practice groups.

Our Range of Services

  • Energy marketing
    • Subsidized energy marketing:
      • General payment claims under the EEG and the KWKG
      • Tenders under the EEG and KWKG
      • Neighborhood solutions (in particular sector coupling, tenant electricity surcharge)
      • Direct marketing contracts
    • Free energy marketing:
      • Electricity and heat supply contracts (AVBFernwärmeV) for various trading levels, balancing group contracts, reporting obligations for energy supply companies, electricity labeling
      • Decentralized supply concepts (self-supply, direct supply, tenant electricity) including the necessary metering concepts
      • Electricity utilization concepts using flexibilities (battery storage, power to gas, power to heat)
      • Price optimization with regard to taxes and other price components
      • Prequalification and participation of generation plants or storage facilities, also as part of pooling in balancing energy marketing
  • Energy procurement
    • Support for tenders for the procurement of energy for local authorities, the real estate industry and commercial enterprises
    • Special compensation schemes
    • Self-supply models
    • Emission trading
  • Grid connection
    • Implementation, use and costs of the connection
  • EEG remuneration claims and direct marketing
    • Power Purchase Agreements (PPAs)
  • Advice on construction planning and regional planning law
  • Support in immission control approval procedures
  • Support for expert reports (FFH, bird conservation)
  • Legal representation before the administrative courts
  • Corporate law structuring
  • Conceptual design of KG models with operating and holding companies or pure corporations or GbR models for cable routes and transformer stations
  • Joint ventures and cooperation agreements
  • Transactions (purchase and sale of wind farms or wind farm projects at all stages of development)
  • Due Diligence
  • Financing
  • Involvement of citizen energy communities
  • Securing access routes and cables
  • Usage contract law and law of collateral security
  • General contractor agreement
  • Dismantling obligations
  • Legal representation
  • Support for (in particular public) landowners in the design of bidding procedures (e.g. for state forest areas)
  • Supporting applicants in submitting bids in bidding procedures for priority locations and in tenders for renewable energy and CHP plants
  • Counselling of and contract structuring in relation to subsidies-related issues
  • Examination and national subsidies in accordance with national and EU laws
  • Drafting and negotiating (inter)national contracts
  • Contractual disputes: defense against claims and own prosecution
    • Liability for defects
    • Default/contractual penalties
    • Product Liability
  • Legal supervision of the execution of projects and orders
  • Preventive action against insolvency related liability, consultation during the crisis
  • Reorganisation and continuation concepts
  • Consulting of insolvency creditors and privileged creditors, parties entitled to the separation or release of property from the estate
  • Defence against clawback claims
  • Defects and product liability cases, serial damage and field campaigns
  • Product safety law, representation vis-à-vis and coordination with public authorities
  • Handling and assertion of insurance claims
  • Training seminars covering liability prevention, entitlement protection and claims handling
  • Distribution agent and brokerage agreements
  • Defence against and enforcement of compensation claims
  • International distribution systems
  • Compliance issues
  • EPC-/Turn-Key-Contracts
  • Project contracts
  • Outsourcing
  • Joint venture agreements, technology transfer
  • Drafting, notarization and execution of real estate purchase agreements
  • Legal protection of financing
  • Drafting and notarization of all necessary contracts for property developers, such as declarations of division and securing easements, etc.
  • Foreign trade law
  • Transportation law
  • Repowering
  • Merger Control

Team Energy Law.