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.
Grid connection update: New award procedures for distribution grid connections – Netze BW and E.ON subsidiaries unveil pilot schemes
In many regions of Germany, demand for grid connections now exceeds the available capacity of the distribution network, exposing the limitations of the existing “first-come, first-served” approach. The system of awarding capacity based solely on the order in which applications are submitted is to be replaced by a prioritisation process based on predefined criteria. Several distribution system operators have already introduced their own procedures ahead of any legislative requirement.
Harmonising network charges across the EU: How proposed changes will impact German industry
On 17 July 2026, the European Commission published a proposal for a regulation amending the Electricity Market Regulation (EU) 2019/943 (COM(2026) 600 final, 2026/0203 (COD)) as part of its electrification package. Methodologies for determining network charges currently differ across the EU. The new regulation aims to harmonise them more closely, while strengthening incentives to reduce network costs and eliminating tax barriers to electrification.
Direct lines: ECJ bolsters alternative supply models – More flexibility for Germany’s customer systems?
In its judgment of 17 September 2026 in joined cases C-722/24 and C-756/24, the ECJ adopted a broad interpretation of the term “direct line” as defined in Article 2, point (41) in conjunction with Article 7 Electricity Market Directive (Directive (EU) 2019/944).
Wind energy update: What the draft Grid Package and EEG 2027 mean for wind energy projects
On 29 July 2026, the federal government adopted two draft bills that could mean substantial changes for wind energy projects from 1 January 2027: the reform of the Renewable Energy Sources Act (Erneuerbare-Energien-Gesetz) for 2027 (EEG 2027 (draft)) and the draft European Grids Package. Wind farm operators can still use the upcoming parliamentary process to en-gage with policymakers and advocate for their interests.
StromVKG: New capacity mechanism for electricity generation
The new StromVKG establishes a capacity market for electricity in Germany for the first time. The Electricity Supply Security and Capacity Act (Strom-Versorgungssicherheits-und-Kapazitätengesetz, “StromVKG”) implements the agreement-in-principle reached with the European Commission on Germany’s Power Station Strategy and aims to ensure that sufficient dispatchable capacity is available to safeguard security of supply from 2031. In particular, that will underpin the continued expansion of renewable energy and the statutory phase-out of coal by 2038 at the latest through competitive auctions that provide financial incentives for new investment and the modernisation of existing facilities.
Reform of Offshore Wind Energy Act introduces two-stage auction process and two-way CfDs for offshore wind energy installations
The Federal Ministry for Economic Affairs and Energy has submitted a draft “Third Act to Amend the Offshore Wind Energy Act and other Provisions” (Drittes Gesetz zur Änderung des Windenergie-auf-See-Gesetzes und anderer Vorschriften, “WindSeeG (draft)”), proposing a fundamental overhaul of Germany’s offshore wind energy auctions. A key element of the reform is the introduction of a two-stage award procedure that prioritises market-based implementation and provides for a hedging mechanism based on contracts for difference (CfDs) as a secondary support measure.
The New Infrastructure Future Act – An Overview
The Infrastructure Future Act is a potentially significant modernisation initiative for many planning and approval procedures. The adopted version of the Act provides for extensive amendments to administrative, planning and environmental law with the aim of substantially accelerating and digitising the implementation of infrastructure projects.
Germany’s new Building Modernisation Act – An overview
The new Building Modernisation Act (Gebäudemodernisierungsgesetz, “GModG”) was promulgated on 28 July 2026. It replaces the “Heating Act” (Heizungsgesetz) introduced by the former coalition government, abolishes the 65% quota for renewable energy in new heating systems, introduces a new “biofuels ladder” (Bio-Treppe) along with quotas for green gas and green heating oil, and implements the European Energy Performance of Buildings Directive through the introduction of the zero-emission building standard. This article outlines the key changes and discusses their practical implications.
Carbon Dioxide Pipeline Ordinance: new safety requirements for CO₂ transport infrastructure
On 8 July 2026, the Federal Ministry for Economic Affairs and Energy published a ministerial draft of the Carbon Dioxide Pipeline Ordinance (Kohlendioxidleitungsverordnung, “KLtgV (draft)”). For the first time, the draft introduces uniform nationwide safety requirements for the construction, operation and inspection of CO₂ pipelines, implementing the ordinance-making powers set out in section 4c, nos. 3 to 7, 9 and 10 Carbon Dioxide Storage and Transport Act (Kohlendioxid-Speicherung-und-Transport-Gesetz, “KSpTG”).
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.
