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Advising companies that are active in the energy sector is nothing new for Gleiss Lutz. We have assisted our clients in all phases of the development of the energy market. And, today, we help our clients face new challenges in the field of energy law, such as dealing with the most recent liberalisation demands or adapting to current climate and environmental protection guidelines.
Advising requirements vary greatly depending on the field in which a company is active. We take this into account in our approach so that we are able to provide the best legal advice in all situations.
1. Power generation
Setting up power generation capacities requires the combination of know-how from different legal areas in order to guarantee a successful project realisation. We ensure that the required planning and permission procedures are carried out in a target-oriented and effective manner. Here, the outstanding expertise of Gleiss Lutz in conventional public law has proved its value. In addition, we advise our clients on all special issues that arise in connection with power plant construction. This includes, for example, advising in emission trading law, investment protection law and mining law – with mining law gaining new significance in connection with carbon capture and storage as well as with natural gas storages.
Moreover, for many years now we have been providing our clients with extensive advice on the legal framework for the use of nuclear power in Germany. This includes advising on regulatory questions concerning the operation of nuclear power plants as well as all legal questions in connection with the disposal of radioactive material.
2. Renewable energies
Compliance with strict legal requirements is also a must when setting up power generation capacities in the area of renewable energies. In this case, as well, the required permission procedures have to be completed. In addition to the requirements of conventional public law, there is a legal framework for promoting the use of renewable energies which particularly concerns the issues of grid connection, power feed-in and feed-in tariffs. For years now, we have regularly assisted with projects in the area of (on und offshore) wind energy, solar and biomass energy and we are able to achieve the optimum legal structure for each project.
3. Grid operation and grid expansion
We advise network operators in all questions of regulatory law. These include, for example, questions on unbundling, third party access, particularly on grid charges and congestion management. We represent our clients in these matters vis-à-vis regulatory authorities as well as before German and European courts.
We also advise our clients on grid expansion. We assist them with the planning and permission procedures so that they can be brought to a swift conclusion. Moreover, grid expansion gives rise to a number of further legal issues that have to be cleared up. For example, a possible exemption from the regulation under sec. 28a German Energy Industry Act requires a timely and professionally-prepared application.
4. Energy supply and energy trade
We also support our clients in the area of energy supply. Civil-law-related and – sometimes – antitrust-related problems are usually at the forefront on the procurement side. On the distribution side, a common challenge is drafting agreements that are in conformity with general terms and conditions. We also assist our clients in cases in which energy prices are examined pursuant to sec. 315 German Civil Code or sec. 29 German Act against Restraints of Competition.
Trading with energy and CO2 certificates is subject to certain special legal requirements. In OTC trading, the relevant agreement structures (for example, EFET-Agreement) require special legal knowledge and experience with the subject matter. The capital-market-based trading is likewise subject to certain legalities. In both areas, we assist our clients in dealing with the relevant legal problems.
5. Investors
The energy sector offers attractive investment opportunities. Investors invest in power plant projects, the construction of wind farms (on and offshore), solar farms and biomass installations, as well as in network operators. We have already advised on a number of such investments. In so doing, we not only contributed all of our know-how in the area of energy law, but we also provided advice in all questions regarding corporate and contract law. Such projects often give rise to financing questions that have to be solved. We provide comprehensive advice on these as well.
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