Task Force Energy Crisis

Task Force Energy Crisis

Legally secure through the energy crisis

All companies are affected by the energy crisis. For energy-intensive production companies in particular, it can develop into a situation that jeopardises their very existence. Whether you are a business owner, employer or lessor - you will have many questions:

The questions business owners are asking themselves

  • Does my company have to pay the gas procurement surcharge and, if so, can it pass it on to its customers?
  • Can companies pass on increased electricity/gas costs to their customers?
  • Will all end consumers benefit from the planned reduction of VAT on gas supplies to 7%?
  • How can companies prepare themselves for an impending reduction of their gas/electricity consumption?
  • When can a company be classified as a so-called protected customer and what does this mean?
  • My company is one of the so-called critical infrastructures according to the German Act on the Federal Office for Information Security [Gesetz über das Bundesamt für Sicherheit in der Informationstechnik, BSIG]. What are the consequences of this for the allocation of electricity or gas in the event of an electricity supply crisis or gas emergency?
  • If electricity/gas supplies are reduced: what can companies affected by this do?
  • What can companies do if they can no longer (fully) meet their contractual supply obligations due to a reduction in their electricity or gas consumption?
  • Can my company benefit from government subsidies in the course of the energy crisis, and if so, under what conditions?
  • My competitor receives government subsidies, while my company goes away empty-handed. Doesn't this distort competition? Is there anything I can do about it?
  • Can my company cooperate with competitors to bridge bottlenecks in the energy supply (e.g. in production or in the purchase of gas or electricity)?

The questions employers are asking themselves

  • In what different ways can I reduce labour costs?
  • What are the requirements for short-time work?
  • Is the loss of power supply a reason for short-time work? Is the crisis-related failure of a supplier a suitable reason to implement short-time work?
  • Can far-reaching restructuring measures with staff cutbacks be implemented if the crisis is only temporary?
  • What happens in the event of a forced shutdown of the power supply? Do wages still have to be paid?
  • Can employees be ordered to work from a home office if the company’s premises are shut down for a limited period of time? What needs to be considered here?
  • To what extent can/must room temperatures be lowered? What do I need to consider from the point of view of occupational health and safety law?
  • Are there any other (mandatory) energy-saving measures that affect employees (e.g. discontinuation of cafeteria operations, turning off hot water, switching off elevators in buildings)?
  • Are employee savings suggestions subject to compensation (in terms of employee inventions or a company suggestion scheme)?
  • Does the works council have co-determination rights regarding the implementation of energy-saving measures?
  • Are there employment law requirements for business continuity plans?

The questions lessors are asking themselves

  • Are lessees allowed to reduce the rent in case of heating failures and excessively cold room temperatures in the leased premises?
  • What are the consequences of the German Short-Term Energy Conservation Ordinance [Kurzfristenergiesicherungsverordnung, EnSikuV] in terms of tenancy law?
  • What are the maximum and minimum temperatures for which leased premises?
  • Who has to provide alternative heating in the event of a heating failure?
  • What preparatory measures can the parties already take now with a view to the gas emergency (contingency plan)?
  • Which contractual agreements in existing tenancies regulate the distribution of risk between lessee and lessor?
  • What needs to be considered when signing new commercial leases with a view to potential energy emergencies?

We can help you find individual answers to your questions, quickly and practically. Please feel free to contact us!

Further information on insolvency and restructuring can be found here.

Dr. Carmen Schneider

Dr. Carmen Schneider


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



Who is the right contact person for me?

  • Dr. Nefail Berjasevic: for business owners (insolvency and restructuring) – Send e-mail now
  • Dr. Daniel Dohrn: for business owners (competition law) - Send e-mail now
  • Jörn Kuhn: for employers (labour law) - Send e-mail now
  • Dr. Stefanie Minzenmay: for commercial lessees and lessors (real estate management law) - Send e-mail now
  • Dr. Carmen Schneider: for business owners (energy and contract law) - Send e-mail now

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