The fundamental change in the political and legal framework conditions as well as the economic market environment poses new challenges for market participants and simultaneously offers new opportunities.
Tailor-made solutions to meet your needs
We advise domestic and foreign energy suppliers, trading houses, grid operators, municipalities, investors, energy service providers, project companies and electricity cost-intensive companies on all matters of energy law. As a full-service law firm, we guarantee comprehensive advice: besides our experts in energy law, our experienced team includes specialists in corporate law/M&A, tax, financing, plant construction, approval procedures, public procurement law and litigation. We have many years of industry knowledge and economic expertise, and are always up-to-date on the technical contexts and political developments.
Our consulting focuses along the value chain in the energy industry include:
- support in the realisation of energy generation and storage plants with a focus on renewable energies (e.g. offshore and onshore wind farms, photovoltaic and combined heat and power plants, electricity storage, decentralised supply concepts such as contracting, tenant electricity and district electricity concepts, as well as biomass and biogas plants).
- our consulting services range from project acquisition and participation in tendering procedures, preparation and negotiation of project contracts (e.g. EPC and general contractor agreements, cooperation agreements, component supply agreements as well as service, maintenance and operational management agreements) and project financing through to construction, commissioning and the operating phase (incl. contract & claims management) and the dismantling of the plant.
- drafting and negotiation of grid contracts (grid connection, grid usage and connection use) and implementation agreements
- enforcement of compensation claims due to feed-in management/redispatch measures or according to Sec. 17e German Energy Industry Act [Energiewirtschaftsgesetz, EnWG] (disruptions or delay of offshore grid connection)
- implementation of unbundling requirements
- advice on metering point operation and smart meter rollout
Trade and distribution
- drafting and negotiation of energy supply contracts (electricity, gas, heat, e.g. based on EFET framework contracts), direct marketing contracts and PPAs, collateral and option contracts
- drafting and negotiation of other fuel supply contracts
- drafting and negotiation of contracts for trading with certificates and guarantees of origin
- drafting and negotiation of contracts for greenhouse gas emission quota trading
- advice on exchange and off-exchange trading and the associated regulatory requirements, e.g. REMIT
Consumption/electricity cost-intensive companies
- advice to electricity-cost-intensive companies on energy optimisation (e.g., limitation of cost apportionments through the Special Equalisation Scheme [Besondere Ausgleichsregelung, BesAR] under the German Energy Funding Act [Energiefinanzierungsgesetz, EnFG])
- 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 during the development and market launch of new technologies and innovative business models (e.g. green hydrogen and sector coupling, e-mobility, digitisation and blockchain technology)
- advice on the regulatory framework and funding mechanisms
- 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
Litigation and representation before authorities
- support during licensing and planning approval procedures
- support during proceedings before regulatory authorities (e.g., abuse and complaint proceedings)
- support during litigation before civil, administrative and arbitration courts
We answer your questions on current topics
All companies are affected by the energy crisis. For energy-intensive production companies in particular, this can develop into a situation that threatens their very existence. Our Energy Crisis Task Force will help you to find individual answers to your questions – quickly and practically. Click here for Oppenhoff’s Energy Crisis Task Force.
The first two sentences of the draft act amending the energy price brakes published on 5 April 2023 already indicate that this is unlikely to be the last amendment to the Gas and Heat Price Brake Act (Erdgas-Wärme-Preisbremsengesetz, EWPBG) and the Electricity Price Brake Act (Strompreisbremsegesetz, StromPBG). It describes the price brakes as having been "drafted and put into effect in the last quarter of 2022 within a very short time." In light of initial experience gained with the acts’ implementation, "various adjustment requirements, mainly of a technical and editorial nature, have been identified".
German and European investors in the energy and commodities sector with an eye on the exchange between Chile and the EU - two like-minded regions sharing common democratic values and ambitious climate-change targets - can be pleased at the end of this year with the conclusion of negotiations on the modernization of the 2002 Association Agreement between Chile and the EU, which, among others, sets forth express provisions to secure European investors, offtakers and consumers access to green hydrogen, green ammonia, e-fuels and lithium in a sustainable way.
The Federal Government, through the Federal Ministry of Economic Affairs and Climate Action, placed Rosneft Deutschland and RN Refining & Marketing GmbH under the trusteeship of the Federal Network Agency . This is the first time that the BMWK has used a new legal basis anchored in the German Energy Security Act to avert risks in connection with the operation of critical infrastructures in the energy sector.