Energy and Infrastructure

Energy and Infrastructure

The fundamental change in the political and legal framework conditions as well as the economic market environment present market participants with new challenges and simultaneously create new opportunities. Climate protection is and remains the defining topic of our time and the energy industry plays a key role in this.

We know the energy sector and the relevant legal issues and always keep an eye on the technical contexts and political developments. We advise domestic and foreign energy suppliers, trading companies, grid operators, local authorities, investors, energy service providers, project companies, the public sector and energy-intensive companies on all issues relating to the energy sector.

As an interdisciplinary area, the energy sector touches on numerous areas of law. We bring together comprehensive expertise in all relevant areas of law. In addition to experts in energy law, our interdisciplinary energy team therefore includes specialists from the fields of corporate law/M&A; tax; financing; plant construction; environmental, planning and licensing law; public procurement law, commercial law; antitrust law; IT and data protection law and litigation.

In close cooperation with our clients, we support project developments and transactions, optimise contractual structures and portfolios, manage risks and resolve conflicts. We stand for commercial law advice at the highest level and find efficient and creative solutions.

We support our clients in national and international projects. We have a worldwide network of first-class law firms with whom we closely collaborate and can therefore cover all jurisdictions. A particular focus of our advisory services in the energy sector is Latin America.

Our advisory services in the energy sector focus on

Project development

  • Support in the realisation of energy generation and storage systems with a focus on renewable energies (e.g. offshore and onshore wind farms, photovoltaic and combined heat and power plants, electrolysers, electricity storage systems, decentralised supply concepts)
  • Our advisory services range from project acquisition and participation in tendering procedures, support during the approval process, drafting and negotiating project contracts (e.g. EPC and general contractor agreements, cooperation agreements, component supply agreements as well as service, maintenance and operational management agreements), securing land and project financing through to construction, commissioning and the operating phase (including contract and claims management) and the decommissioning and dismantling of the plant, including land recycling (lifecycle consulting)

Market regulation

  • Drafting and negotiation of grid contracts (grid connection, grid usage and connection usage) and realisation agreements
  • Enforcement of compensation claims due to feed-in management/redispatch measures or in accordance with Section 17e of the German Energy Management Act (Energiewirtschaftsgesetz, EnWG) (disruption, maintenance or delay of the offshore grid connection)
  • Implementation of unbundling requirements
  • Advice on operation of measuring stations and smart metre rollout

Trade and distribution

  • Drafting and negotiation of energy supply contracts (electricity, gas, heat, e.g. on the basis of EFET framework agreements), direct marketing agreements and PPAs, collateralisation and option agreements
  • Drafting and negotiation of other fuel supply contracts
  • Drafting and negotiation of contracts for trading in certificates and guarantees of origin, emissions trading
  • Drafting and negotiation of contracts for GHG quota trading
  • Advice on on-exchange and off-exchange trading and regulatory requirements, e.g. REMIT

Procurement / energy-intensive companies

  • Advice to energy-intensive companies on optimising their energy management
  • Advice on the delimitation, measurement and estimation of electricity quantities and the creation of measurement concepts
  • Advice in connection with the reduction of levies and charges
  • Advice on the planning and implementation of self-supply concepts

New technologies and innovative concepts

  • Support in the development and market launch of new technologies and innovative business models (e.g. green hydrogen and sector coupling, e-mobility, digitalisation and blockchain technology)
  • Advice on the regulatory framework and funding mechanisms

M&A

  • Structuring and support of M&A transactions, including participation in existing projects and companies
  • Drafting and negotiation of company purchase agreements (SPA and APA)
  • Conception of joint ventures
  • Planning, conversion, authorisation and objection procedures

Project financing

  • Advice on all aspects of national and international project financing

Litigation and representation before authorities

  • Support in authorisation and planning approval procedures
  • Support in proceedings before regulatory authorities (e.g. abuse and complaint proceedings)
  • Support in legal disputes before civil, administrative and arbitration courts

 

We answer your questions on current topics

Our energy team around Dr. Carmen Schneider and Dr. Friedrich von Bredow has summarized for you the significant envisaged adjustments that Solar Package I is expected to provide. The Bundestag passed the solar package on April 26, 2024 and the Bundesrat approved it on the same day. The law will therefore enter into force the day after it is published in the Federal Law Gazette. Some provisions still require approval from the EU under state aid law in order to take effect. 

Read more here about the Solar Package I (PDF).

Christof Gaudig

Christof Gaudig

PartnerAttorney

Konrad-Adenauer-Ufer 23
50668 Cologne
T +49 221 2091 498
M +49 171 8632 555

Email

Dr. Carmen Schneider

Dr. Carmen Schneider

PartnerAttorney

Am Sandtorkai 74
20457 Hamburg
T +49 (0) 40 808105 144
M +49 160 9303 5719

Email

LinkedIn

Awards

Very strong industry knowledge

Client in: The Legal 500 Deutschland 2021

Oppenhoff has top experts and strong industry knowledge

Client in: JUVE Handbook of Commercial Law Firms, 2021/2022

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