ADVANT Beiten is recommended in the industry focus Energy.(The Legal 500 Germany 2023 & The Legal 500 EMEA 2023)
The energy law team from ADVANT Beiten will help you master the challenges of this complex market. Consider us an extension of your team; our services complement your overall role. We provide individual support for our clients through designated contact partners, who ensure the advice you receive is efficient and focuses on the solution.
For many years, the energy sector has been in flux. New geopolitical challenges complicate decarbonisation, decentralisation, and digitalisation and constantly change the legal framework. European and national rules and requirements and the decisions of regulatory authorities consistently create new obstacles for market operators.
The specialised lawyers of our energy law team have many years of experience in the sector. We clarify the legal issues for you, prepare expert opinions, and draft and review agreements for the electricity, gas, and heating industries. We help you develop solutions for the energy industry, support you when breaking new ground, and represent you before arbitration panels, courts, and authorities.
At a glance:
- Generation and storage
- Grids and infrastructure
- Distribution and trade
- Renewable energies
- Planning and approvals for plants and projects
- Taxes, duties, and levies
- Heating and cogeneration systems
- Transactions and projects
- Litigation and representation before authorities
Generation and storage
As an operator of energy generation plants, we advise you on all legal aspects of your business activities. Proven experts for the complex issue of energy storage are integral members of our Energy Law Team: we can provide you with comprehensive legal advice on all facets of electricity, gas and heat storage.
- Providing support on energy and public law issues with respect to the planning, establishment and operation of power generation plants
- Developing and assisting with cross-sector generation and supply concepts
- Advising on power storage concepts, such as swarm concepts, especially on the regulatory aspects and with respect to balancing energy
- Developing financing and operator models
- Advising on state aid and subsidy law
- Developing, reviewing and negotiating general contractor, maintenance, operation and management agreements, as well as end customer agreements
- Providing representation vis-à-vis regulatory and approval authorities and network operators
Grids and infrastructure
We advise and support grid operators on all regulatory network issues, especially in connection with the fulfilment of their statutory obligations, connection and network access issues and grid expansion - considering in each case the effect of the regulation of fees – as well as on the regulation of network charges itself. Providing regulatory advice to industrial companies as operators of infrastructure is a further focus of our work. We represent grid and infrastructure operators in court proceedings against decisions of regulatory authorities and in administrative procedures before the authorities themselves.
- Advising grid operators of all voltage levels and pressure ratings on questions of network regulation and the regulation of network charges
- Providing advice to network operators (regardless of voltage levels and pressure ratings) on planning and expropriation law issues in connection with the upgrade and expansion of the grid
- Developing and assisting with compliance concepts, especially the fulfilment of unbundling requirements
- Advising on all issues related to metering operations (smart grids and smart metering)
- Developing, assessing and negotiating the relevant network agreements and metering agreements
- Providing advice on issues related to the reduction of network charges and network apportionment for energy-intensive companies, with a special focus on grid connection constellations
- Advising operators of closed distribution grids and customer installations
- Providing advice and representation in concession procedures
Distribution and trade
We draft and assess all necessary supply and distribution agreements and lead negotiations on your behalf. We provide legal opinions on the interpretation of contracts and the effectiveness of contractual arrangements and represent you before civil courts.
- Drafting, assessing and negotiating agreements for the procurement and supply of energy or energy trading (in accordance, for example, with EFET, ISDA and German Raiffeisen Association (DRV) standards)
- Advising on regulatory issues in connection with energy trading (REMIT, EMIR and MiFID II)
- Advising on electricity market issues (e.g. balancing energy, interruptible load, etc.) and balancing zone management
- Providing support with emissions trading and emissions trading systems matters
You can find more information in our legal area ESG.
We advise and represent plant operators, project developers, investors and banks, as well as network operators on the planning and implementation of renewable energy projects. This includes issues related to financial aid and the sale of generated electricity, as well as self-supply and the associated obligations.
- Advising on financial support and the fulfilment of the relevant aid requirements
- Advising on the marketing of both green power (proof of origin, proof of regional origin) and cogeneration of power and heat.
- Drafting, reviewing and negotiating direct marketing agreements and all project-related contracts
- Providing assistance with tender procedures
- Advising on integrated supply concepts, such as tenant electricity market concepts
- Providing advice on self-supply, e.g. review and drafting of operation and management agreements, and lease agreements
We provide you with support in the area of offshore energy with all renewable energy issues, such as on the drafting, review and negotiation of direct marketing agreements.
- Providing advice and representation in capacity allocation procedures for offshore wind farms
- Advising on all issues of grid connection and related disputes
- Drafting, assessing and negotiating agreements for the establishment and operation of offshore wind farms
- Consulting with manufacturers of offshore grid connection systems on tender procedures and providing support in relation to contractual negotiations with principals, members of consortia, subcontractors, etc.
Planning and approval of plants and projects
We work with you to master any obstacles to the authorisation of your project. We provide you with assistance with everything from regional planning and approvals for specific use, to rights of way and the procurement of the land rights required for the realisation of your project.
- Consultations with the responsible authorities at Federal and Laender level and the administrative courts on planning permission and site approvals
- Providing support with the preparation of and attendance at hearings
- Negotiating with authorities and ministries
- Advising on mining law issues
- Handling legal disputes before all administrative courts in Germany
You can find more information in our legal area Public Law.
Taxes, duties and charges
We provide advice on all questions related to electricity and energy tax law, concession fee law and the applicable levies for electricity and gas supply. The special equalisation scheme and representing clients vis-à-vis the Federal Office for Economic Affairs and Export Control (BAFA) form further focuses of our work.
- Providing advice and representation in relation to the special equalisation scheme: on applications and procedures before the BAFA, on the available legal remedies in the case of a negative decision, and on the appeal of any negative decision, where necessary up to the Federal Administrative Court
- Providing support with electricity and energy tax law, including providing representation in procedures before the relevant central customs office
- Advising on all fees and levies for the supply of electricity and gas (in particular levies under § 19 Electricity Network Charges Ordinance, surcharges under the Interruptible Load Regulation, co-generation levies, offshore surcharges, and surcharges under the Renewable Energy Act)
- Advising on ways to reduce the tax burden, including commercial solutions such as electricity tax peak shavings (so-called Spitzenausgleich) or self-supply
- Advising on concession levies
You can find further information under Tax Law.
We advise both providers and customers of heat and assist them with the drafting of contracts for supply and with dispute resolution.
- Drafting, reviewing and negotiating heat supply agreements
- Providing representation in legal disputes, e.g. on the application of the Regulation on the General Terms and Conditions for Supply of District Heating, on the permissible duration of district heating supply contracts and on the validity of price adjustment clauses
- Advising on the planning and implementation of contracting projects
- Advising on question related to heating and cooling networks, in particular on the development of such networks and network connections
- Providing support with tender procedures for co-generation plants
Transactions and projects
We provide you with comprehensive advice on the planning and implementation of projects and transactions in the energy sector. We carry out due diligence assessments and draft, review and negotiate share purchase agreements. In addition, we provide you with support with respect to strategic considerations, and carry out project and transaction management.
- Providing support with the acquisition and sale of renewable energy installations, especially wind farms and solar parks
- Advising on the sale and purchase of shares in energy generators, grid operators, suppliers, distributors and service providers
- Providing assistance with the development and implementation of innovative projects concerning digitalisation, decentralisation and storage
You can find more information in our legal area Corporate/M&A.
Representation in litigation and before authorities
We have the necessary tact and experience to help prevent conflicts and resolve disputes – even cross-border disputes – in the energy sector: we provide support and representation in alternative dispute resolution, before courts and in arbitration. In addition, we represent you vis-à-vis the authorities that are responsible for energy law issues.
- Providing counsel in legal disputes concerning access to networks and storage or fees for use
- Advising in legal disputes in connection with supply, trade or service agreements
- Providing support with planning permission and site approval decisions of the responsible authorities at Federal and Laender level and the administrative courts
- Providing representation in proceedings before the Federal Network Agency, the regulatory authorities of the Laender and competition authorities, as well as before BAFA, the “clearing institution EEG/KWKG” (facilitator under the Renewable Energies and Combined Heat and Power Acts) and the German Emissions Trading Authority (DEHSt)
You can find further information under Conflict Resolution.
Dr Ralf Hafner
Prof. Dr Rainer Bierwagen
Dr Florian Böhm
Dr Ralf Hafner
Tanja Hogh Holub
Rechtsanwältin, Licensed Specialist for Intellectual Property Law
Maik Benedikt Merkens
What others say about us
Our experts in the field of Energy Law are recommended.
"Beiten Burkhardt are known for their intuition for the needs of their clients, their resourcefulness derived from experience and research and the careful handling of problems under great time pressure."
(Legal 500 Germany 2020 & Legal 500 EMEA 2020)
BEITEN BURKHARDT’s seven-partner strong energy law practice is distinguished by its ‘responsiveness, high service level and know-how and a good price-performance ratio’.
(Legal 500 EMEA 2019)
Our experts in the field of Energy Law are recommended.
"BEITEN BURKHARDT stands for "speed, an excellent service level and know-how as well as "good value for Money".
(Legal 500 Germany 2019)