Our energy.infra.update series keeps you up to date with the latest legal developments from the intersection of energy and infrastructure. We focus on case law with real-world relevance, legislative and regulatory changes, and their impact on project development and investments. Our experts in energy law, M&A, contract law, real estate, plant construction, dispute resolution, and regulatory provide you with tailored, practice-oriented guidance on how companies can mitigate risk and prepare for complex challenges early on.
Data centre update – draft bill to amend the Energy Efficiency Act
On 24 June 2026, the German government adopted a draft Act to accelerate the Transposition of the Energy Efficiency Directive (the “Draft”). Aimed at transposing the remaining requirements of the Energy Efficiency Directive (Directive (EU) 2023/1791 – EED) into national law, the proposed legislation also seeks to reduce administrative burdens while scaling back requirements of the current Energy Efficiency Act (Energieeffizienzgesetz, “EnEfG”) to the minimum necessary under EU law.
Flexible connection agreements – typical models and negotiation points
Access to the public electricity grid remains the critical bottleneck for the implementation of renewable energy projects, battery storage systems, data centres and other electricity-intensive projects. Flexible connection agreements (FCAs) are intended to provide a remedy: they enable grid connection despite limited capacity by contractually limiting the permitted feed-in or offtake capacity at the grid connection point. Initial experience nevertheless suggests that FCAs could become an important building block for enabling faster grid connections.
BESS tariff update: Bundesnetzagentur issues update on reform of network tariff system (AgNes)
On 27 May 2026, Germany’s Federal Network Agency (Bundesnetzagentur – BnetzA) updated its plans for a new network tariff system (Rahmenfestlegung der Allgemeinen Netzentgeltsystematik Strom – AgNes), which will set new principles for electricity network tariffs in Germany. Under the revised plans, existing battery energy storage systems (BESS) are, for now, not expected to be subject to network tariffs, reversing signals from January 2026 – a development welcomed by operators.
Draft bill to accelerate transposition of Energy Efficiency Directive
The German government’s draft “Act to accelerate the Transposition of the Energy Efficiency Directive” (“Draft”) (last amended 20 June 2026) aims to transpose the remaining requirements of Directive (EU) 2023/1791 (“EED”) into national law following the European Commission’s launch of infringement proceedings against Germany in November 2025 for delayed transposition. The Draft streamlines existing energy efficiency obligations and cuts red tape in certain areas over and above the current Energy Efficiency Act (Energieeffizienzgesetz, “EnEfG”).
Funding guidelines for Germany’s industrial electricity price now in force
The funding guidelines for Germany’s industrial electricity price were published in the Federal Gazette on 6 May 2026. The guidelines are therefore now in force and form the binding framework for electricity price relief applications and awards for 2026 to 2028.
Wind energy update: Building Code amendment bill brings changes to wind energy planning
On 27 May 2026, Germany’s Federal Cabinet approved a bill for an Act to Modernise Urban Development and Spatial Planning Law (Gesetz zur Modernisierung des Städtebau- und Raumordnungsrechts). While primarily aimed at accelerating municipal land-use planning procedures and boosting housing construction, the bill also contains amendments affecting renewables, especially wind energy expansion. Some of these changes also introduce restrictions. Investors and turbine operators should keep track of the bill’s progress.
Case law update I/2026: Court rulings on onshore wind turbines
Since we published our case law update II/2025, Germany’s administrative courts have once again been busy issuing numerous decisions on onshore wind energy. This update will cover some of the key rulings.
Bundestag tightens greenhouse gas reduction trajectory
On 24 April 2026, the Bundestag approved the Second Act to Further Develop the Greenhouse Gas Reduction Quota (Zweites Gesetz zur Weiterentwicklung der Treibhausgasminderungsquote). The new Act transposes the requirements of the revised European Renewable Energy Directive (“RED III”) and introduces significant changes to the current legal framework. Core elements of the Act include revisions to and increases in the greenhouse gas reduction quota as well as heightened quota compliance obligations.
If you’d like to discuss these developments or their potential impact on your business, feel free to contact us at energy.infra@gleisslutz.com.
