Energy

The successful completion of power plant construction projects requires a combination of expertise from different legal areas. We ensure that the necessary planning and permission procedures are carried out effectively and efficiently. Here Gleiss Lutz’s outstanding expertise in traditional public law has been a great asset. Furthermore, we advise our clients on the various issues that arise in connection with power plant construction, including those relating to emissions trading, investment protection, and mining – an area with growing significance when it comes to carbon capture and storage as well as natural gas storage facilities. We also have longstanding experience in providing extensive guidance on the legal framework for the use of nuclear power in Germany. This includes counselling clients on the regulatory aspects of operating nuclear power plants, as well as on legal issues relating to the disposal of radioactive material. 

Along with technical challenges, there are numerous legal hurdles that need to be cleared when creating renewable power generation capacities. We assist clients not only with standard permission procedures and with financing the extensive investments, but also help them navigate the maze of legislation aimed at promoting the development and use of renewable energy. A particular focus is on grid connections, power feed-ins, and feed-in tariffs. We also regularly assist with the delivery of (onshore and offshore) wind, solar, and biomass projects, and are able to create the optimal legal structure for each project.

We advise grid operators on all aspects of German and European regulatory law. These include unbundling and the conditions for third-party access to grids and storage facilities, especially tariffs and congestion management mechanisms. We also represent clients in these matters vis-à-vis regulatory authorities and before German and European courts.  

Furthermore, we assist clients who are expanding their grids, providing help with the requisite planning and permission procedures so that these are brought to a swift conclusion. Grid expansion also gives rise to a host of other legal issues. To reap the full benefits of exemption from, for example, the statutory provisions governing unbundling and grid access, the necessary applications need to be prepared promptly and professionally. 

Gleiss Lutz advises and represents companies in all matters relating to the energy supply chain. On the procurement side, clients frequently have to deal with civil law disputes and antitrust issues. Suppliers in the retail market, in contrast, must often bring their contracts in line with general terms and conditions. We also defend clients who are being investigated for price gouging practices. 

Trading in energy and CO2 certificates is subject to certain special legal requirements. In OTC trading, for example, drafting relevant agreements (such as EFET agreements) requires specialist legal knowledge and experience. Capital-market-based trading is likewise governed by certain rules and regulations. In both areas, we help our clients understand and deal with the relevant legal issues. 

The energy sector offers attractive investment opportunities, ranging from power plant projects, to the construction of (onshore and offshore) wind farms, solar farms, and biomass facilities, to acquiring shares in grid operators. We have provided advice on a whole host of such investments, applying our comprehensive sector expertise and market knowledge, and counselling on all questions regarding corporate and contract law. Furthermore, we advise on the financing issues that often arise in this context.