Task Force Energy Crisis

The legislator enacted the first binding regulations on energy saving on 01.09.2022. Which energy-saving measures can be implemented under labor law and how? What must the employer do to protect the workforce? Obligation to work in a home office and thermal clothing in production? Are there co-determination rights of the works council? What is the 'worst case' - short-time work, plant shutdowns?

In this Q&A webinar in cooperation with Robert Walters, Jörn Kuhn and Annabelle Marceau will answer the most important questions (only available in German).

To register (forward to robertwalters.de).

At this year's Labour Law Day in Cologne, we will answer important questions about the energy crisis.

Further information about the event and registration can be found here. (only available in german)

The massive cost increases in the context of the energy crisis, especially for raw materials and electricity, weigh heavily on companies. The entire cost structure is being reviewed. Many companies are also focusing on reducing personnel costs and, in particular, wage costs. At the same time, fears of losing skilled workers due to overly harsh cuts are growing.

We provide you an overview of the options here.

On both 14 and 29 September 2022, the Federal Cabinet passed a multitude of bills to combat the energy crisis and thus set them on their way through parliament. In addition, the Ordinance Amending the Ordinance on Access to Short-Time Work Benefit [Kurzarbeitergeldzugangsverordnung - KugZuV] and the Ordinance Making Short-Time Work Benefit Available to Temporary Agency Workers [Kurzarbeitergeldöffnungsverordnung - KugÖV] entered into force on 30 September 2022.

The following article by Jörn Kuhn and Annabelle Marceau provides an overview of current legislative proposals.

At the end of June, the German Federal Ministry of Economics and Climate Protection [Bundesministerium für Wirtschaft und Klimaschutz, BMWK] declared the alert level of the gas emergency plan - there is great concern about a discontinuation of the gas supply and corresponding reductions. Should the BMWK declare the third escalation stage, companies will basically be the first affected by it. These effects will extend through the entire supply chain.

We have summarised how you can best prepare yourself: Click here for the news article "Gas emergency - What can you do?"

Our experts are available at any time for an in-depth discussion with you on these and other points.

Germany faces a gas shortage. Stefanie Minzenmay and Caner Ertasoglu forecast: lessees and lessors of commercial and residential properties face legal problems if properties cannot be heated sufficiently.

Click here for the article "Rent reduction in case of a gas emergency?" (Forwarding to www.lto.de - only available in german)

The emerging energy crisis forces us to take action: the Federal Cabinet has approved two ordinances on energy conservation. The ordinances specifically stipulate that not only public entities, but all companies, must save gas and electricity. The first measures have been mandatory since 1 September 2022.

Annabelle Marceau und Jörn Kuhn explain the  labour law consequences of the two ordinances.

As a result of the Russian war against Ukraine, the energy crisis is becoming increasingly acute. Companies can take preventive measures to prepare for emergencies. What companies can do now and what makes sense is explained by our energy lawyer Dr. Carmen Schneider in an interview with Handelsblatt.

Click here for the article "Energy sector: Large gas consumers need an emergency plan [Energiesektor: Große Gasverbraucher brauchen einen Notfallplan)" (only available in German, forwarding to Handelsblatt.com).

The German Federal Cartel Office has no objections against a production cooperation among German sugar producers to mitigate a possible gas shortage. The decision is driven by the current geopolitical situation and has cross-industry significance.

We provide an overview of the conditions under which cooperation between competitors can be permissible under antitrust law during the current the energy crisis and what role industry associations can play in this. Click here for the news article.

Especially in times of crisis, quick decisions and their implementation are indispensable. In the legal field, this is often demonstrated by new laws and regulations passed at great haste. The rapid implementation of decisions, once they have been made, is then often obstructed by complicated legal remedy procedures. This particularly applies in case of large-scale infrastructure projects. On 18 August 2022, the German Federal Ministry of Justice (BMJ) published its draft bill on the "Act on the Acceleration of Administrative Court Proceedings in the Infrastructure Sector” [Gesetz zur Beschleunigung von verwaltungsgerichtlichen Verfahren im Infrastrukturbereich]. Its purpose is to shorten administrative processes for important infrastructure projects.

Ann Margret Herzhoff provides an insight into the planned draft law and gives an overview of both the advantages and the aspects that are considered to be critical.

The article "Draft law on the acceleration of administrative court proceedings in the infrastructure sector - necessary procedural streamlining or curtailment of legal remedies?" can be found in EnK-Aktuell 2022, 01055 or at beck-online.de