Dr Angelo Vallone

Dr Angelo Vallone

Dr Angelo Vallone

Dusseldorf

T +49 211 5660 24834

Lawyer
Partner
Industries Energy

Areas of practice

Dr Angelo Vallone has advised clients on all matters relating to energy management law, including renewable energy law, since 2006. He has since actively concerned himself with the significant market changes and the related legislative changes that were necessitated by the liberalisation of the energy markets brought about by European law, and with numerous state interventions in the course of the “energy transition”. As a result, he has a wealth of experience in the energy industry and in-depth market knowledge. His clients include energy-intensive undertakings, energy providers, system operators, plant operators, direct sellers, project developers and financial investors, amongst others.

A focus of his advisory services is the “special equalisation scheme”, i.e. the procedures to obtain a limitation of the renewable energy surcharge (“EEG surcharge”) for power-intensive undertakings at the German Federal Office for Economic Affairs and Export Control. Angelo Vallone advises companies already before they file their application in order to ensure that their application for a limitation is capable of being approved; however, he also represents his clients in pending application and appeal proceedings. In many cases, his advisory services have helped his clients obtain an approval notice despite prior announcements that such approval would be denied. Furthermore, he advises companies on restructuring issues with a view to ensuring that an existing limitation of the EEG surcharge is not put at risk or that such a limitation can be claimed in future. In addition to this, Angelo Vallone advises energy-intensive undertakings on other privileges in relation to the surcharge, on possible ways to reduce the network fees, and on network connection and network usage matters.

Another focus of his work is providing regulatory advice to electricity grid and gas network operators, in particular with regard to incentive regulation issues and access to grids and networks. Angelo Vallone has represented his clients in a large number of successful appeal proceedings before the Higher Regional Court of Dusseldorf and the German Federal Court of Justice since 2006, and he has in-depth knowledge of the regulatory developments that have taken place since the introduction of network regulation in Germany.

Angelo Vallone additionally has extensive experience regarding energy-related M&A and financing transactions. In the past 15 years, he has acted as an advisor in numerous network transactions and advises both project developers and financers on the development of photovoltaic systems and wind turbines in Germany. Furthermore, he has advised on the development of gas power station projects in the past and continues to advise industrial companies in connection with the construction and financing of, and with obtaining funding for, cogeneration plants. Angelo Vallone is also very experienced when it comes to representing his clients in energy disputes before German courts and arbitral tribunals.

Practices
Vita

Dr Angelo Vallone studied law at the University of Bonn (Germany), where he also gained his doctorate with honours for a thesis on an antitrust law topic. He was admitted to the German Bar in 2006 and has since worked exclusively in the area of energy management law. From 2006 to 2010, he worked for the Cologne office of Freshfields Bruckhaus Deringer, where he focused on energy regulation and antitrust law. Subsequently, Angelo Vallone worked for a large German power utility company in the civil and antitrust law department. He joined Luther in 2011 and has been a Partner since 2017. Angelo Vallone is a frequent publisher on current issues in energy law and a regular speaker at seminars, conferences and symposia.

Honors and distinctions
  • Best Lawyers (2023): Award in "Energy Law" and "Regulatoy Practice"
  • The Lawyer 500 Germany (2022): Awarded as Next Generation Partners in Industry Focus Energy
  • Chambers Europe (2022): Ranked in "Energy: Regulatory", Band 4
  • JUVE Guide (2021/2022): Mentioned under frequently recommended in "Regulated Industries - Energy Law"("pleasant, pragmatic, assertive")
  • Best Lawyers (2022): Award in "Energy Law" and "Regulatoy Practice"
  • Chambers Europe (2021): Ranked in "Energy: Regulatory", Band 4
  • The Legal 500 Germany (2021): "Names of the next generation" in the energy sector focus ('Excellent knowledge of developments and the current state of energy law. Thinks outside the box. Quick response time.' , 'Proven expert in energy law; high level of detailed knowledge; good interdisciplinary understanding in the energy industry (e.g. in interfaces with technical issues); good accessibility; good networking in the energy sector and thus also valuable insights into 'industry insides' for the benefit of clients.' , 'High expertise, very good practical relevance, speed, confident procedural representation.')
  • JUVE Guide (2020/2021): Mentioned under frequently recommended in "Regulated Industries - Energy Law"
  • Best Lawyers (2021): Award in "Energy Law"
  • Chambers Europe (2020): Ranked in "Energy: Regulatory" Band 4 ("committed energy expert," , "quick, reliable and knowledgeable.")
  • The Legal 500 Germany (2020): "Name of the Next Generation" Award in Industry Focus - Energy
  • The Legal 500 Germany (2019): Listed in "Industry Focus Energy - Regulatory Consulting"
Clients

  • Aurubis: advising on the extraction of industrial waste heat and the supply of this heat to Hafencity Ost (multiple award-winning project for an efficient transition to a climate-neutral supply of heat)
  • Chemical company: advising on subsidies under the German Combined Heat and Power Act
  • Chemical company: advising successfully on a procedure before the German Federal Office for Economic Affairs and Export Control upon announcement of the intention to reject the application for limitation of the levy under the German Renewable Energy Sources Act
  • Eiffel Investment Group: advising on the financing of a large number of photovoltaic projects and onshore wind projects
  • Eneco: advising on the acquisition of Lichtblick
  • E.ON: advising on the sale of E.ON Netz to TenneT
  • EEW: providing successful representation in a lawsuit against the connection system operator regarding adequate compensation for curtailments (redispatch)
  • Ferrero: advising on electricity tax law and on the preferential treatment of energy produced for one’s own needs under the German Renewable Energy Sources Act
  • Tile manufacturer: providing successful representation in a procedure to obtain a limitation of the levy payable by an independent part of an undertaking under the German Renewable Energy Sources Act
  • Power station operator: providing representation vis-à-vis the transmission system operators when examining whether to apply the “grace rule” pursuant to Section 104(4) German Renewable Energy Sources Act
  • Gas system operator: successfully defending claims for damages for alleged delayed connection to the system
  • OGE: advising on the acquisition of Jordgas
  • INGKA Holding: advising on the acquisition of a stake in the Veja Mate offshore wind farm
  • Industrial company: advising on how to significantly reduce the system charges by means of purchases made on a commercial accounting basis
  • Industrial company: advising on the requirements under the German Collective Energy Act (“measuring and estimating”)
  • TenneT: providing representation in abuse of dominance proceedings before the German Federal Network Agency and in the subsequent appeal proceedings
  • Animal feed manufacturer: advising on restructuring pursuant to Section 67 German Renewable Energy Sources Act

Publications
Memberships

  • Deutsche Institution für Schiedsgerichtsbarkeit e.V.