Energy Law

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:

Project development

• 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.

Market regulation

• 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

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

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.