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

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

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

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

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