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.
Dr. Carmen Schneider
Sustainability, Energy and InfrastructureEnergy Law23.12.2022 Newsletter
Chile and the European Union modernize its Association Agreement with great impulse for the climate-transition critical industries of green hydrogen and lithium
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.
Energy and InfrastructureForeign Trade / Public Law / Regulatory / Energy Law16.09.2022 Newsletter
Operation of critical infrastructures and public security - Federal Government places Rosneft Deutschland under trusteeship
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.
Energy and InfrastructureEnergy Law08.06.2022 Newsletter
The energy impulse: the EU Commission's draft delegated act on the use of hydrogen in the transport sector - is the hydrogen ramp-up in Germany running out of steam?
Green hydrogen is thought to play a key role in the success of the energy and transport transition. It takes considerable effort to establish a functioning hydrogen economy sys-tem, however. The draft of the so-called delegated act to the Renewable Energy Di-rective, referred to as the RED II, which has now been published, has caused an uproar in the H2 industry.