Energy Law

A reliable energy supply is essential and in the truest sense of the word vital. Energy supply is therefore subject to more intensive legal regulation than almost any other economic sector. It is intended to guarantee security of supply for all citizens and industry as well as competition among energy suppliers, and increasingly to protect the climate and the environment. In this area of conflict, Luther offers first-class legal advice in all areas of energy law.

 

As one of the largest German commercial law firms, Luther has a renowned team of specialized and experienced lawyers. The main focus of the energy law team is on advising energy suppliers and energy-intensive manufacturing industries on energy industry and regulatory law, energy contract law, renewable energy law under the EEG, combined heat and power law under the KWKG and energy antitrust law.

 

In addition to our excellent legal knowledge, we have the necessary industry knowledge, technical know-how and political understanding to successfully advise our clients. We know innovative business models of new providers in the field of e-mobility and sector coupling as well as the "classical" business models of energy suppliers and industrial customers.

 

We advise our clients before national authorities such as the Federal Network Agency, the Federal Cartel Office and the BAFA as well as before the European regulatory authority ACER or the EU Commission. Our excellent litigation competence before state courts and arbitration tribunals is widely recognized. For projects with an international dimension, we have an international network of law firms which, like us, focus on the energy sector.

 

Our clients include integrated energy supply companies, energy trading companies, transmission and distribution network operators, wholesale and retail suppliers, energy-intensive industrial companies, banks and financial investors as well as project developers in the energy sector.

Our Range of Advisory Services

Energy Industry Law / Regulation
  • Implementation of unbundling requirements at transmission and distribution grid level
  • Certification of transmission system operators
  • Regulation of the operation of energy supply grids and system responsibility
  • Network connection regulation
  • Network access regulation / change of supplier
  • Access to metering
  • Balancing and control energy
  • Regulation of network access charges / incentive regulation
  • Exemptions to regulation for specific infrastructures (gas pipelines, LNG)
  • Access to underground gas storage / storage projects
  • Representation before regulatory authorities and courts or tribunals
  • Basic supply
  • Conclusion of rights of way agreements / concession contracts
  • Concession fee law
  • Evaluation and transfer of grid installations at expiry of concession contracts
  • Advice on participation models in connection with the conclusion of concession agreements
  • Closed distribution networks / customer plants
  • Framework conditions for energy storage
  • Regulation of biogas feed-in
Energy Antitrust Law
  • Compliance advice and antitrust fine proceedings
  • Cooperation between energy supply companies, grid operators and energy service providers
  • Compatibility of long-term supply contracts or grid access contracts with competition law
  • Adequacy of prices and other terms and conditions for electricity, gas, water and district heating
  • German and European merger control / coordination of international filings
Renewable Energy Sources Act (EEG) and Combined Heat and Power Generation Act (KWKG)
  • Advice and due diligence on renewable energy projects in the fields of on- and offshore wind energy, solar thermal energy, photovoltaics, geothermal energy, biomass, hydropower, sewage gas and mine gas
  • Connection and remuneration obligations / Eligibility of renewable energy projects / Duration and amount of feed-in tariffs
  • Equalisation mechanism
  • Direct marketing
  • Exceptions to the EEG levy obligation and limitation of the EEG levy (own electricity privilege and special compensation scheme under the EEG)
  • Approval of power plants according to the Combined Heat and Power Act (KWKG)
  • Eligibility of CHP plants, heating and cooling networks or heat and cold storage facilities
  • Equalisation scheme according to the KWKG
  • Limitation of the CHP surcharge
Energy Contract Law / Energy Trading
  • Drafting and negotiation of electricity and gas supply contracts at wholesale and end customer level
  • Drafting and negotiation of grid connection, metering or grid access contracts
  • Price adjustment and representation of energy suppliers in the civil law price control of electricity and gas prices as well as network and metering charges according to Section 315 BGB (German Civil Code)
  • Adjustment and negotiation of gas procurement prices
  • Negotiation of energy trading contracts and emission rights trading on the basis of model contracts (EFET, ISDA, DRV, IETA)
  • Negotiation and conclusion of supplementary agreements to commercial contracts such as CSA, CPMA, MNA
  • Regulatory law in energy trading / organised markets (in particular reporting and publication obligations, market manipulation, insider trading)
  • Drafting contracts for power plant projects or renewable energy projects
  • Drafting and negotiation of contracting contracts

Credentials

E.ON - Post-Merger Integration of Innogy SE into the E.ON Group
Leading power producer - advice on coal phase-out
Vertically integrated gas wholesale company – reorganisation and strategic re-positioning
Gas-Union Transport – Appeal of network access fee revenue cap by the Regulator before Higher Regional Court of Düsseldorf
Avacon - Innovation project with Salzgitter and Linde on for emission-free steel production from "green" hydrogen
WEMAG Netz – Application for concession agreement in Ludwigslust and Grabow
TrailStone - Sale of the direct marketer e2m Energy2market to the French EDF Group
IRI Investments - Participation in Veja Mate offshore wind farm
Uniper Global Commodities - Defense against accusation of market abuse after REMIT
Statkraft – Network connection of pumped-storage power plant Erzhausen
INEOS – Special equalization scheme to limit EEG-levy, industrial power plant project
Eneco - Acquisition of LichtBlick SE
Financial investor - Indirect stake in Nord Stream 2 project and EUGAL pipeline
E.ON - Reorganisation of Avacon, Bayernwerk, EDIS and Hanse-Werk
Aurubis - Harbour City district heating project in Hamburg
E.ON Energy Projects - Industrial power plant project for DSM Nutritional Products
Tennet TSO – Abuse, Appeal and Civil Proceedings for Delayed Connection to an Offshore Wind Farm
MEAG Munich Ergo Asset Management - Participation in Steag-Fernwärme
Open Grid Europe – Acquisition of TSO jordgasTransport from Statoil in JV with Gasunie
Avacon Netz – Application for concession agreement in Stuhr und Weyhe

Key Contact >>

Key Contact

Dr. Holger Stappert

Partner

T +49 211 5660 24843