<?xml version="1.0" encoding="utf-8"?>







    <rss version="2.0"
         xmlns:content="http://purl.org/rss/1.0/modules/content/"
         xmlns:atom="http://www.w3.org/2005/Atom">
        <channel>
            <title>ADVANTLAW -&gt; News</title>
            <link>https://www.advantlaw.com/</link>
            <description></description>
            <language>it-it</language>
            <copyright>RYZE Digital</copyright>
            
            <pubDate>Thu, 24 Sep 2026 19:35:59 +0200</pubDate>
            <lastBuildDate>Thu, 24 Sep 2026 19:35:59 +0200</lastBuildDate>
            
            <atom:link href="https://www.advant-beiten.com/en/news/feed.xml" rel="self" type="application/rss+xml" />
            
                
                    <item>
                        <guid isPermaLink="false">news-10625</guid>
                        <pubDate>Tue, 18 Aug 2026 09:59:00 +0200</pubDate>
                        <title>ADVANT Beiten strengthens its conflict resolution practice and German-Turkish advisory business with the appointment of Dr Gökçe Uzar Schüller as an equity partner</title>
                        <link>https://www.advant-beiten.com/en/news/advant-beiten-staerkt-konfliktloesungspraxis-und-deutsch-tuerkisches-beratungsgeschaeft-mit-dr-goekce-uzar-schueller-als-equity-partnerin</link>
                        <description></description>
                        <content:encoded><![CDATA[<p><strong>Frankfurt, 18 August 2026 </strong>– ADVANT Beiten is further expanding its international advisory practice: Dr Gökçe Uzar Schüller will join the firm as an equity partner on 01 September 2026. She will be based at the Frankfurt office and will further strengthen the dispute resolution practice.</p><p>With Dr Gökçe Uzar Schüller on board, ADVANT Beiten gains a renowned expert in resolving complex commercial law disputes. She advises national and international companies on litigation and arbitration proceedings, as well as on the development and implementation of litigation strategies. In addition, she advises companies and investors on cross-border M&amp;A transactions, particularly in the context of German-Turkish business relations.</p><p>Before joining ADVANT Beiten, Dr Gökçe Uzar Schüller had worked at Graf von Westphalen for 14 years. There, she set up the Turkey Desk and most recently headed it as an associate partner. In this role, she advised companies and investors on a wide range of complex national and international mandates. She has extensive experience in conducting international arbitration proceedings and has been an active member of the German Arbitration Institute (DIS) and other national and international professional bodies for many years.</p><p>With the appointment of Dr Gökçe Uzar Schüller, ADVANT Beiten is further strengthening its advisory expertise in cross-border disputes and international arbitration proceedings. At the same time, the law firm is expanding its range of services for internationally active companies and investors, as well as for clients with links to Turkey – a growth market of great significance to German companies and investors, as well as to other international markets. Dr Gökçe Uzar Schüller’s expertise complements the firm’s international focus and the close collaboration within the ADVANT Alliance.</p><p>"In Dr Gökçe Uzar Schüller, we are gaining an outstanding individual for our partnership. She combines outstanding expertise in the field of conflict resolution with many years’ experience in international arbitration and cross-border disputes. Her international profile and her particular expertise in German-Turkish business relations will further strengthen our advisory competence and offer our clients significant added value. We are delighted to welcome her as an equity partner at ADVANT Beiten," says Dr Guido Krüger, Managing Partner at ADVANT Beiten.</p><p>Dr Gökçe Uzar Schüller explains: "ADVANT Beiten combines excellent commercial law advice with a strong international focus. I was particularly impressed by the close collaboration within the ADVANT Alliance and the firm’s entrepreneurial approach. German-Turkish business relations are gaining further momentum, particularly at this time – whether in M&amp;A transactions, joint ventures or dispute resolution. I look forward to contributing my experience in this field, working alongside my new colleagues to establish a dedicated point of contact for clients with links to Turkey, and supporting them as they navigate their increasingly complex cross-border challenges."</p><p>With the appointment of Dr Gökçe Uzar Schüller, ADVANT Beiten is consistently pursuing its strategic growth path. The targeted expansion of the partnership in key areas of commercial law underscores the firm’s commitment to supporting clients with excellent specialist expertise and advice backed by a Europe-wide network across the ADVANT Alliance.</p>]]></content:encoded>
                        
                            
                                <category>Corporate/M&amp;A</category>
                            
                                <category>Dispute Resolution</category>
                            
                                <category>Contract &amp; Commercial Law</category>
                            
                                <category>Consumer Goods &amp; Services/Retail</category>
                            
                                <category>Energy</category>
                            
                                <category>Industrials</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/5/f/csm_Dispute_Resolution_Sport_2_R_a19a1105ae.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-10597</guid>
                        <pubDate>Mon, 03 Aug 2026 08:09:11 +0200</pubDate>
                        <title>The reform of the Federal Funding for Efficient Buildings (BEG) launched in July 2026 – what this means for applicants afterwards</title>
                        <link>https://www.advant-beiten.com/en/news/beg-reform-im-juli-2026-gestartet-was-danach-fuer-die-antragsteller-gilt</link>
                        <description></description>
                        <content:encoded><![CDATA[<p>The German Bundestag’s Budget Committee announced the reform on 8 July 2026; this was followed by a rather bumpy transition phase, and it is now clear that the Federal Government will continue to provide building and heating subsidies under the framework set out in the German Building Modernisation Act (<strong>GModG</strong>) which came into force on 29&nbsp;July 2026. Since 21&nbsp;July&nbsp;2026, three new versions of the guidelines of the Federal Funding for Efficient Buildings ('<strong>BEG</strong>') have been in force - residential buildings ('<strong>BEG</strong>&nbsp;<strong>WG</strong>'), non-residential buildings ('<strong>BEG&nbsp;NWG</strong>') and individual measures ('<strong>BEG EM</strong>'). The BEG will thus retain its basic structure, whilst the Federal Office for Export Control (<strong>BAFA</strong>) and the German Development Loan Corporation KfW will retain their respective responsibilities. The Federal Ministry for Economic Affairs and Energy calls this new building subsidy scheme more social, efficient and focused. Is that true?</p><h3><span>Guidelines for reform – where is the journey heading?</span></h3><p>The changes made do indeed result in a new funding approach: targeted support for the worst-performing buildings and low-income households, with a distinct European focus; specifically:</p><p><strong>Worst Performing Buildings first:&nbsp;</strong></p><p>Funding should be directed where the impact on energy efficiency is greatest — namely, the worst-performing buildings in the existing housing stock. The new&nbsp;<strong>WPB-</strong>(<strong>'Worst Performing Buildings'</strong>)&nbsp;<strong>bonus</strong> of +5 per cent (individual measures) or +10 per cent (energy-efficient building refurbishment) as of Q1&nbsp;2027 applies to buildings that fall below defined thresholds. A building is classified as a WPB if, in the case of residential buildings, the energy performance certificate shows Class H or worse; in the case of non-residential buildings, the annual primary energy demand is at least four times that of the respective reference building; or if it is a building constructed in 1957 or earlier that has not undergone any significant energy-efficiency refurbishment. This approach reflects the European rules from the Energy Performance of Buildings Directive (<strong>EPBD</strong>), which are also part of the GModG.</p><p><strong>Social orientation:</strong></p><p>The income-based bonus for heating subsidies will be structured in three categories: households with a taxable income of up to EUR&nbsp;30,000 will in future receive 40&nbsp;per cent instead of the previous 30&nbsp;per cent; for incomes between EUR&nbsp;30,000 and EUR&nbsp;40,000, the rate remains at 30&nbsp;per cent; and for incomes between EUR&nbsp;40,000 and EUR&nbsp;50,000, a 10&nbsp;per cent bonus will be granted for the first time. Families with minor children in the household will benefit from a notional reduction in their relevant income of EUR&nbsp;10,000.</p><p><strong>European component:</strong></p><p>For the first time, the BEG includes a new bonus for European value added: as of the first quarter of 2027, heat pumps of European origin are to be subsidised with a 15&nbsp;per cent&nbsp;<strong>'Made in Europe' bonus</strong>. The exact details of this bonus are to be finalised in the second half of 2026.&nbsp;</p><h3><span>Overview of significant specific changes to the BEG</span></h3><p>A number of (including systematic) amendments to the BEG are also becoming evident:</p><p><strong>Renewable energy standards become mandatory for efficiency house refurbishments:&nbsp;</strong>For energy-efficient building refurbishment (both residential and non-residential), meeting Germany's 'EE Class' (Renewable Energy standard) is now a mandatory requirement for government funding. To qualify, buildings must source at least 65 per cent of their energy from renewable sources, unavoidable waste heat, or heat recovery systems. The EE class is therefore part of the eligible categories and no longer triggers any additional bonus. Heating with renewable energy thus becomes an integral part of the system.</p><p><strong>Repayment subsidies are decreasing:</strong><br>In the future, the German building efficiency categories&nbsp;<strong>EH</strong> 85 EE, EH 70 EE, and EG 70 EE (where 'EH/EG' indicate building efficiency levels and 'EE' stands for Renewable Energy) will no longer receive any repayment subsidies. EH 40 EE and EG 40 EE will receive 10%, while EH/EG 55 EE and historical monuments will receive 5% each. As a result, the overall funding intensity will decrease noticeably.</p><p><strong>Serial refurbishment is being strengthened:</strong>&nbsp;The 'SerSan' bonus (a 5&nbsp;per cent or 15&nbsp;per cent subsidy increase depending on the efficiency category) is being extended to non-residential buildings for the first time. Additionally, it can now be combined with the 'WPB' bonus. Serial refurbishment solutions are thus becoming increasingly important.</p><p><strong>Decreasing subsidy rates for multi-family houses:&nbsp;</strong>The eligible costs for building envelope refurbishments will be scaled based on the number of residential units (with a cap of EUR&nbsp;30,000 for the first residential unit, EUR&nbsp;15,000 for the second to sixth units, and EUR&nbsp;8,000 from the seventh residential unit onwards). Owners of larger multi-family houses will feel this impact significantly.</p><p><strong>Exclusion of funding in district heating expansion areas:&nbsp;</strong>Decentralised heating systems, such as heat pumps, will no longer be eligible for funding if the municipality issues a binding commitment to provide a district heating connection within three years. The detailed provisions have yet to be finalised; this rule does not yet apply until a relevant information sheet has been published. This responds to the strong criticism that funding exclusions should be avoided in cases where a district heating connection is planned for the long term but cannot be implemented in the short term.</p><p><strong>Further cancellations:</strong>&nbsp;The previous 5&nbsp;per cent efficiency bonus for certain heat pumps, the emission reduction subsidy for biomass heating systems, and the funding for energy-efficient indoor lighting systems in non-residential buildings will be discontinued without replacement. Additionally, the climate speed bonus will decrease gradually every six months and will be completely phased out by August 2028. The 5&nbsp;per cent iSFP bonus (for tailored individual refurbishment plans) will only be granted for an eligible minimum investment volume of EUR&nbsp;30,000, and it will be calculated solely on the cost portion exceeding this amount. However, a single iSFP refurbishment measure appears to be sufficient.</p><h3><span>Conclusion and Outlook</span></h3><p>In view of the budgetary situation and other energy law reforms, it was foreseeable that building funding would also be affected by cuts. Fortunately, applications that have already been approved are not affected by the changes.</p><p>Another positive aspect is that substantial funds continue to be provided for building funding. In particular, the introduction of the WPB bonus and the increased support for serial refurbishments in both residential and non-residential buildings can create strong investment incentives.</p><p>However, it is important to see that the necessary transformation of the building stock is backed by reliable government commitment. Hopefully, the ban on decentralised heating systems in areas where district heating is the preferred option will not prove too restrictive. It seems that clarity regarding the proof, responsibility and turnover requirements will only be achieved once a separate BMWE information sheet has been published, which is due to appear in the coming weeks.</p><p>In practical terms, this certainly means that the funding framework is becoming more complex, the criteria for awards are becoming more nuanced, and the grounds for exclusion are becoming more fragmented. This makes it all the more important to assess carefully whether your own projects now fall under this new BEG regime. We are ready to support you!</p><p><a href="https://www.advant-beiten.com/en/experts/cv-professional/dr-malaika-ahlers" target="_blank">Dr Malaika Ahlers</a><br><a href="https://www.advant-beiten.com/en/experts/cv-professional/anton-buro" target="_blank">Anton Buro</a></p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Energy</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/0/0/csm_Energy_2_R_80fb581f3b.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-10590</guid>
                        <pubDate>Wed, 29 Jul 2026 16:13:45 +0200</pubDate>
                        <title>EEG 2027 Government Draft – Essential Insights for PV Rooftop System Operators</title>
                        <link>https://www.advant-beiten.com/en/news/kabinettsentwurf-eeg-2027-was-anlagenbetreiber-von-pv-dachanlagen-jetzt-wissen-muessen</link>
                        <description></description>
                        <content:encoded><![CDATA[<p>Anyone planning a rooftop photovoltaic system ('<strong>PVA</strong>') needs to pay close attention: the Federal Ministry for Economic Affairs and Energy ('<strong>BMWE</strong>') has presented a draft for a fundamentally revised Renewable Energy Sources Act (<a href="https://www.bundeswirtschaftsministerium.de/Redaktion/DE/Artikel/Service/Gesetzesvorhaben/2026/20260718-eeg-novelle.html" target="_blank" rel="noreferrer">Entwurf eines Gesetzes für einen planbaren, kosteneffizienten, netzverträglichen und marktorientierten Ausbau der erneuerbaren Energien im Stromsektor (EEG-Novelle) | BMWE</a>).&nbsp;</p><p>The draft of the EEG 2027 (‘<strong>EEG 2027-E</strong>’) adopted by the Cabinet today introduces several profound changes – and specifically affects even small PVAs. Below, we break down what would change under this draft bill for PVAs below the tender threshold.</p><h3><span>Status of the Legislative Procedure / Approval by the European Commission</span></h3><p>The EEG 2027-E is primarily based on a working draft by the BMWE which was leaked as early as February 2026. The current draft had been subject to consultation with industry associations since 17 July 2026 and was adopted by the Federal Cabinet on 29 July 2026. Next, the bill must be debated in the German Bundestag and Bundesrat. Subsequently, the subsidy system under the EEG&nbsp;2027-E must be approved by the European Commission. Amendments are possible at every stage of this legislative journey.</p><h3><span>The fixed feed-in tariff is being phased out</span></h3><p>Previously, the rules were straightforward: anyone feeding electricity into the grid with systems up to 100&nbsp;kWp received a legally defined feed-in tariff. This is set to change fundamentally with the EEG 2027. The draft bill gradually phases out the fixed feed-in tariff, making&nbsp;<strong>direct marketing (</strong><i><strong>Direktvermarktung</strong></i><strong>) the new rule</strong>. The government justifies this by arguing that small PVAs are generally economically viable anyway.</p><p>The bottom line: In the future, system operators will have to market their electricity directly. This will typically require entering into a contract with a third-party direct marketing company. To ease the transition, temporary transitional payments are planned, although these depend on the commissioning date and the system size and are also limited to a maximum of 36 months (the so-called 'grid operator acceptance').&nbsp;</p><p>Anyone planning a new PVA should arrange a direct marketing contract at an early stage and clarify whether they may be eligible for transitional payments for electricity fed into the grid. The former currently poses a significant challenge, as a functioning market for the direct marketing of small PVAs virtually does not yet exist.</p><h3><span>Funding is being cut – and standardised</span></h3><p>The level of German EEG funding is also changing. The so-called 'reference value' – the basis for essential calculations within the German Renewable Energy Sources Act – will be uniformly set at&nbsp;<strong>6.2&nbsp;cents per kilowatt hour</strong>. Previously, remuneration was structured in graduated capacity-based tiers depending on factors such as installation size or design (e.g. PV rooftop installations); in the future a uniform rate will apply to all.</p><p>Furthermore, the so-called 'full feed-in bonus' (<i>Volleinspeisebonus</i>) will cease to apply. Previously, anyone who fed all of their solar electricity into the grid instead of using it themselves received a premium of up to 5.1 cents per kWh. This funding will cease to apply without replacement for new systems.</p><h3><span>Less electricity into the grid: 50 per cent feed-in limitation</span></h3><p>Another significant change involves what is known as ‘active power capping’ (<i>Wirkleistungskappung</i>), which refers to the technical limit on the amount of electrical power that can actually be utilised by the PVA. Even today, PV rooftop installations are not permitted to feed electricity into the grid without limitation – the limit to date has been 60 per cent of the installed capacity. However, this limit previously ceased to apply as soon as a smart metering system (intelligentes Messsystem) was installed; meaning that if the system generates peak values, this electricity can still be channelled into the heat pump etc. but cannot be fed into the grid.</p><p>Under the EEG 2027-E, the limit will be&nbsp;<strong>permanently </strong>reduced to<strong> 50&nbsp;per cent</strong> – regardless of the metering technology used. Thus, anyone operating a 30&nbsp;kWp PVA will only be permitted to feed 15 kW into the grid in future.</p><h3><span>Two-sided contract for difference: funding as a two-way street only</span></h3><p>Under the EEG 2027-E, operators of systems of 100 kilowatts and above must prepare themselves for a fundamental change in the system. Until now, government funding was a one-way street (the so-called one-sided 'Contract for Difference'): if the monthly market value of electricity fell below the guaranteed support level, the grid operator paid the difference in the form of a market premium (<i>Marktprämie</i>). If prices were higher, system operators retained the full profit.</p><p>The draft EEG 2027 now turns this into a two-way street: the market premium will still be paid if the actual figure falls short of the reference value. However, when market prices are high, operators must pay a so-called&nbsp;<strong>refinancing contribution</strong> (<i>Refinanzierungsbeitrag</i>) to the grid operator (the so-called two-sided 'Contract for Difference').</p><p>Provision is made, though, for plant operators to waive subsidised direct marketing once and&nbsp;<strong>irrevocably</strong> – in which case the repayment obligation will also cease to apply.</p><h3><span>Smart metering systems: mandatory even for very small PVAs</span></h3><p>Even today, systems of 7&nbsp;kilowatts or more must be equipped with a smart metering system. In the draft EEG 2027, this threshold is reduced to&nbsp;<strong>2&nbsp;kilowatts</strong>.</p><h3><span>NO NEED FOR IMMEDIATE ACTION ON EXISTING INSTALLATIONS</span></h3><p>Anyone who already operates a PVA enjoys grandfathering protection – existing law continues to apply. Funding that has already been committed will remain unaffected.&nbsp;</p><p>There are, however, exceptions that must not be overlooked, such as with regard to smart metering systems and repowering measures.</p><h3><span>Conclusion: A shift in incentives from grid feed-in to decentralised use and storage</span></h3><p>The EEG 2027-E is clearly geared towards creating an incentive scheme for the decentralised – that is, building-based – use of PV electricity, such as self-consumption, tenant electricity, communal building supply, etc.</p><p>To make this incentive scheme work, though, a market for the direct sale of electricity from small PV systems must be established. It is also essential that the roll-out of smart meters gains momentum. Yet it remains to be seen whether the legislature will take supporting measures to defer these aspects. The coalition’s agreement on implementing a ‘smart-meter-light’ approach at least offers some hope for the latter.</p><p><a href="https://www.advant-beiten.com/en/experts/cv-professional/dr-malaika-ahlers" target="_blank">Dr Malaika Ahlers</a><br><a href="https://www.advant-beiten.com/en/experts/cv-professional/anton-buro" target="_blank">Anton Buro</a></p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Energy</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/0/7/csm_Energy_6_R_ba846c1152.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-9930</guid>
                        <pubDate>Mon, 19 Jan 2026 08:49:01 +0100</pubDate>
                        <title>ADVANT Beiten Advises BESST Energy on the Acquisition of TriSol GmbH of a 185 MW BESS portfolio</title>
                        <link>https://www.advant-beiten.com/en/news/advant-beiten-beraet-besst-energy-beim-erwerb-der-trisol-gmbh-mit-einem-185-mw-bess-portfolio</link>
                        <description></description>
                        <content:encoded><![CDATA[<p class="text-justify"><strong>Frankfurt, 19 January 2026</strong> – The international commercial law firm ADVANT Beiten has provided comprehensive legal advice to the Luxembourg renewable asset holding BESST Energy on the acquisition of TriSol GmbH. TriSol GmbH is a joint venture between German BESS specialist Tricera Energy GmbH and&nbsp;<br>PowerGen, a market leader and stock listed company in the Israeli energy sector. The parties have agreed not to disclose the transaction price.</p><p class="text-justify">TriSol GmbH specialises in the development of grid-connected battery storage systems and has a portfolio of six BESS projects with a total capacity of 185 MW. The portfolio consists of an operational standalone BESS project and 5 projects in advanced stage of development and are designed to make a significant contribution to grid stability and the integration of renewable energies in Germany.</p><p>The transaction strengthens BESST Energy's position in the European market for large-volume energy storage.&nbsp;</p><p><strong>Advisor to BESST Energy:</strong><br><strong>ADVANT Beiten</strong>: Dr Christof Aha and Mark Thönissen (both Corporate/M&amp;A, Frankfurt).</p><p><strong>Advisor&nbsp;PowerGen:</strong><br><strong>LPA Law:</strong> Oliver Kirfel, Dr Bernd Spieth (both Corporate/M&amp;A, Munich).</p><p><strong>Public Relations</strong><br>Frauke Reuther<br>Manager Kommunikation<br>ADVANT Beiten<br>+49 (69) 75 60 95 - 570<br><a href="mailto:frauke.reuther@advant-beiten.com">frauke.reuther@advant-beiten.com</a></p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Corporate/M&amp;A</category>
                            
                                <category>Energy</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/a/8/csm_Energy_Header_Scott_fb5394fc9d.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-9724</guid>
                        <pubDate>Wed, 12 Nov 2025 16:27:53 +0100</pubDate>
                        <title>Opportunities for energy transition through the Carbon Dioxide Storage and Transport Act (KSpTG-E)</title>
                        <link>https://www.advant-beiten.com/en/news/chancen-fuer-die-energiewende-durch-das-kohlendioxid-speicherung-und-transport-gesetz-ksptg-e</link>
                        <description></description>
                        <content:encoded><![CDATA[<p>The legislative procedure for the KSpTG-E is approaching its end.</p><p>We had already&nbsp;<a href="https://www.advant-beiten.com/aktuelles/kohlendioxid-speicherung-und-transport-gesetz-ksptg-ccu-und-ccs-unverzichtbar-zur-erreichung-der-klimaschutzziele" target="_blank">reported</a> about the cabinet draft for the amendment of the KSpG on 3&nbsp;September&nbsp;2025. On 6&nbsp;November&nbsp;2025, the German Federal Parliament (Bundestag) has now adopted the KSpTG-E with the content of the latest draft law of 5&nbsp;November&nbsp;2025 (BT-printed matter 21/2594). The Act allows the underground storage of carbon dioxide and its export in the future. It thus paves the way for reducing emissions in the CO2-intensive cement, steel and chemical industries, for example, as well as in waste incineration.&nbsp;</p><h3><span>Status of the legislative procedure: How did we end up here?</span></h3><p>As the KSpTG-E is an act requiring approval, however, it still requires the approval of the German Federal Council (Bundesrat) before it comes into force.&nbsp;</p><p>This approval is expected to be granted in the upcoming meeting of the German Federal Council on 21&nbsp;November&nbsp;2025, provided that the German Federal Council does not raise any further objections to the draft law. The German Federal Council had previously expressed concerns about the details of the Act on 26&nbsp;September and referred it back to the German Federal Government. The German Federal Government refused some of the proposals of the German Federal Council. However, some of the German Federal Council's wishes were also fulfilled in the latest draft: For example, the planning approval procedure has been further aligned with the regulations of the German Energy Industry Act and the protection of groundwater with regard to its use as drinking water has been regulated as a prerequisite for planning approval.</p><h3><span><strong>High costs and lack of CO2 transport network</strong></span></h3><p>The question of the costs of CO2 storage is particularly relevant for potential investors: Additional investment is required for capture, transport and storage, but this may be offset by the generation of a new source of income.</p><p>Within the framework of the European emissions trading system, companies are obliged to purchase CO2 certificates for the carbon dioxide they emit. In the past, these certificates were allocated free of charge to particularly energy-intensive companies under certain circumstances. This free allocation is to be phased out over time: From 2026, the allocation of free certificates is to be gradually discontinued or linked to energy efficiency measures. In this way, the emission of CO2 into the atmosphere becomes also more expensive, which creates an incentive for investments into CO2 storage in the long term. However, it is currently impossible to say whether this will remain the case in view of the European Parliament's likely postponement of the start of EU-ETS 2 (<i>European Union Emissions Trading System 2</i>) to 2028.</p><p>At the same time, CO2 storage entails technical challenges: An extensive pipeline network is required to transport CO2, as CO2-intensive companies are spread across the entire country in a decentralised manner. So far, such a transport network does not exist in Germany. The use of existing natural gas pipelines would be theoretically conceivable, however, will be excluded as long as they are still needed for the transport of natural gas. The storage and transport of CO2 can only actually begin with developing their own infrastructure.&nbsp;</p><p>On the other hand, the opening up of new possibilities with the KSpTG-E also offers opportunities for new business models.&nbsp;This amendment raises the transport and storage of CO2 from a purely research area to an economic level where new markets can emerge.</p><h3><span>Storage in Germany</span></h3><p>Whether carbon dioxide may also be stored in Germany, depends on the individual German federal states. The KSpTG-E gives the German federal states the opportunity to permit the storage on their territory by law.&nbsp;</p><p>In this respect, the demand for carbon for industry, such as in the production of plastics and synthetic fuels, is also likely to play a role. So far, carbon is generated from fossil raw materials. If fossil raw materials are no longer used in the future, this may open the door for so-called CCU technologies (Carbon Capture and Usage) and may have a positive influence on the cost structure of CO2 storage. At the same time, German companies have a strong market position in the construction of facilities for the capture and purification of CO2 which is further strengthened through the use of their own technologies.&nbsp;</p><h3><span>Conclusion</span></h3><p>The storage of carbon dioxide offers a lot of potential to reduce emissions of CO2. Especially for companies with unavoidable CO2 emissions, storage represents an opportunity to continue their operations in the future despite strict legal regulations. Promising opportunities are therefore already opening up for the gradual use of new technologies. It would therefore be welcome if the appropriate regulatory course were already to be set this week.</p><p><a href="https://www.advant-beiten.com/en/experts/cv-professional/dr-malaika-ahlers" target="_blank">Dr Malaika Ahlers</a><br><a href="https://www.advant-beiten.com/en/experts/cv-professional/anton-buro" target="_blank">Anton Buro</a></p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Energy</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/a/8/csm_Energy_Header_Scott_fb5394fc9d.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-8985</guid>
                        <pubDate>Wed, 14 May 2025 17:50:31 +0200</pubDate>
                        <title>Quo vadis Hydrogen? With fresh money to the long-awaited market ramp-up</title>
                        <link>https://www.advant-beiten.com/en/news/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf</link>
                        <description></description>
                        <content:encoded><![CDATA[<p>The much-vaunted market ramp-up of the hydrogen sector has recently been rather sluggish. Anyone researching the causes quickly ends up with the extremely challenging regulatory framework. On the one hand, this is characterised by a large number of incentive mechanisms; on the other hand, however, it also harbours considerable regulatory risks due to high requirements, e.g. for qualification as renewable hydrogen<a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftn1" target="_blank"><sup>[1]</sup></a>.</p><p>Despite this, hydrogen remains a key technology in the eyes of the new coalition government. With the special infrastructure fund<a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftn2" target="_blank"><sup>[2]</sup></a> on the one hand and the prospect of an expanded framework for state aid on the other, there is indeed new impetus that gives hope.</p><p>Reason enough to take a look at the political agenda and the corresponding levers in the regulatory framework.&nbsp;</p><h3><span><strong>What does the coalition agreement say?</strong></span></h3><p>The future of the hydrogen economy is negotiated centrally in the coalition agreement in no less than twenty lines (p.&nbsp;34), which are a tough sell:</p><p><strong>Pragmatism instead of dogmatism</strong></p><p>The development of the hydrogen economy should be faster and more flexible. In addition, "all colours" of hydrogen are to be used - in other words, a technology-neutral approach is to be pursued. The previous focus on green hydrogen in particular will thus be abandoned. Moreover, the focus of the future certification system (probably for both green and low-carbon hydrogen) is on making it unbureaucratic.</p><p><strong>Broad infrastructure expansion</strong></p><p>With additional routes and taking into account hydrogen storage facilities, the hydrogen core network is to be supplemented by a distribution network infrastructure to ensure a connection to the industrial centres in the south and east. In addition, European and German harbours are to be integrated into and connected to the necessary infrastructure for the import of hydrogen.</p><p><strong>Stabilise funding instruments</strong></p><p>National and European funding programmes are still needed to develop infrastructures and domestic production capacities. The coalition agreement explicitly mentions H2Global, IPCEI projects and specific programmes for SMEs.</p><p>Further ideas for additional incentives for the demand for hydrogen can already be found on p.&nbsp;6 of the coalition agreement. There, climate-neutral lead markets are outlined via the quota regime (e.g. for green steel) or levers under public procurement law.</p><p><strong>What does the European Clean Industrial Deal make possible?</strong></p><p>If the Commission has its way, Germany (and the other Member States) will in future have an extended framework under state aid law for the promotion of investments in hydrogen ramp-up.</p><p>The draft Clean Industrial Deal<a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftn3" target="_blank"><sup>[3]</sup></a> presented by the Commission in February also explicitly provides for a new aid framework (Clean Industrial State Aid Framework - CISAF<a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftn4" target="_blank"><sup>[4]</sup></a>). This is intended to complement the existing guidelines for state aid for environmental, climate protection and energy. As the name already suggests, the focus is on industrial policy requirements. In addition, the present draft explicitly recognises the challenge of the cumulation of different state aid vehicles and attempts to resolve this.</p><p>In addition, further impetus for the hydrogen industry is expected from Brussels. For instance, the delegated act on low-carbon hydrogen is to be adopted in 2025 to create clarity for investors. This will be accompanied by a study to assess the effectiveness of the current regulatory framework and to identify potential obstacles to the expansion of renewable hydrogen.</p><p>In the second quarter of 2025, a hydrogen mechanism is to be introduced via the European Hydrogen Bank (EHB) which will bring together buyers and suppliers and provide financing and risk mitigation instruments. A third bidding round of the EHB with a budget of up to EUR&nbsp;1&nbsp;billion is planned for the third quarter of 2025.</p><p><strong>Seize opportunities - minimise risks</strong></p><p>With the change of government acting as a catalyst, the legal framework for the hydrogen economy, including the funding landscape, is likely to change again over the next few months.</p><p>In addition to new funding vehicles, however, adjustments to existing privileges cannot be ruled out.</p><p>For instance, in its recently published discussion paper on the further development of the general grid fee system, the Federal Network Agency casts doubt on the appropriateness of the existing 20-year grid fee privilege for electrolysers.<a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftn5" target="_blank"><sup>[5]</sup></a></p><p>Hence, flexible regulations are needed in the contractual design of projects that safeguard economic interests even against the backdrop of a constantly changing legal situation.&nbsp;</p><p>In addition, funding law challenges must be overcome when cumulating privileges. This is because national regulations can also fall under cumulation bans beyond the subsidies approved under state aid law, e.g. as part of the IPCEI waves or the EHB tender processes. Finally, there is also a risk of reclaims if funding recipients violate public procurement law requirements when using the funding. In procurement processes, the framework set by the respective funding provider and the applicable public procurement law should therefore be observed without exception to avoid unpleasant surprises - e.g. in the context of a later audit of the utilisation of funds.</p><p><strong>Conclusion</strong></p><p>With the special infrastructure fund on the one hand and the short-term expansion of state aid instruments on the other, the chances of a successful market ramp-up in Germany are better than they have been for a long time.</p><p>In addition, Katherina Reiche is a proven expert at the head of the BMWE who credibly stands in favour of consolidating the legal framework. The speed at which the requirements for new projects and those already being realised are likely to remain high.</p><p><br>Authors:&nbsp;<a href="https://www.advant-beiten.com/experten/cv-professional/sebastian-berg" target="_blank">Sebastian Berg</a>&nbsp;and&nbsp;<a href="https://www.advant-beiten.com/experten/cv-professional/max-stanko" target="_blank">Max Stanko</a></p><p>Experts involved:&nbsp;<a href="https://www.advant-beiten.com/experten/cv-professional/julian-gruss" target="_blank">Julian Gruß</a>&nbsp;and&nbsp;<a href="https://www.advant-beiten.com/experten/cv-professional/johannes-peter-voss-luenemann" target="_blank">Johannes Voß-Lünemann</a></p><hr><p><a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftnref1" target="_blank"><sup>[1]</sup></a>&nbsp;Cf. BDEW, Strombezugskriterien Delegierter Rechtsakt für RFNBO-konformen Wasserstoff, with clear criticism of the current design of the additionality and temporal correlation criteria, available at:&nbsp;<a href="https://www.bdew.de/service/stellungnahmen/strombezugskriterien-delegierter-rechtsakt-fuer-rfnbo-konformen-wasserstoff/" target="_blank" rel="noreferrer">Strombezugskriterien Delegierter Rechtsakt für RFNBO-konformen Wasserstoff | BDEW</a></p><p><a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftnref2" target="_blank"><sup>[2]</sup></a>In this respect, the DVGW is calling for a further 50 billion from the special infrastructure fund to finally boost the market ramp-up,&nbsp;<a href="https://www.dvgw.de/der-dvgw/aktuelles/presse/presseinformationen/dvgw-presseinformation-vom-23042025-sondervermoegen-bringt-energiewende-voran" target="_blank" rel="noreferrer">DVGW e.V.: 2025-04-23 - Sondervermoegen</a>.</p><p><a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftnref3" target="_blank"><sup>[3]</sup></a>See also:&nbsp;<a href="https://www.advant-beiten.com/aktuelles/eu-kommission-stellt-den-action-plan-for-affordable-energy-als-teil-des-clean-industrial-deals-vor" target="_blank">EU-Kommission stellt den Action Plan for Affordable Energy als Teil des Clean Industrial Deals vor | ADVANT Beiten</a></p><p><a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftnref4" target="_blank"><sup>[4]</sup></a>&nbsp;See draft version under&nbsp;<a href="https://competition-policy.ec.europa.eu/document/download/45b532ce-53fb-4907-975c-79edaa31a166_en?filename=2025_CISAF_draft_EC_communication.pdf" target="_blank" rel="noreferrer">45b532ce-53fb-4907-975c-79edaa31a166_en</a>.</p><p><a href="https://www.advant-beiten.com/aktuelles/quo-vadis-wasserstoff-mit-frischem-geld-zum-langersehnten-markthochlauf#_ftnref5" target="_blank"><sup>[5]</sup></a>&nbsp;BNetzA,&nbsp;<a href="https://www.bundesnetzagentur.de/SharedDocs/Pressemitteilungen/DE/2025/20250512_AgNes.html" target="_blank" rel="noreferrer">Bundesnetzagentur - Presse - Bundesnetzagentur veröffentlicht Diskussionspapier zur Bildung der Stromnetzentgelte</a>.</p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Public Law</category>
                            
                                <category>Energy</category>
                            
                                <category>Public Sector</category>
                            
                                <category>Sondervermögen Infrastruktur</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/7/2/csm_Energiewirtschaftsrecht_Header_Scott_90235d8cb9.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-8867</guid>
                        <pubDate>Wed, 16 Apr 2025 20:10:59 +0200</pubDate>
                        <title>ADVANT Beiten advises ENGIE Germany on the sale of Solarimos&#039; nationwide tenant electricity portfolio to Einhundert Energie</title>
                        <link>https://www.advant-beiten.com/en/news/advant-beiten-beraet-engie-deutschland-beim-verkauf-von-solarimos-bundesweiten-mieterstromportfolios-an-einhundert-energie</link>
                        <description></description>
                        <content:encoded><![CDATA[<p class="text-justify"><strong>Freiburg/Berlin, 15 April 2025 –&nbsp;</strong>The international law firm ADVANT Beiten advised the Solarimo&nbsp;GmbH, a subsidiary of ENGIE Deutschland, on the sale of its Germany-wide tenant electricity portfolio to Einhundert Energie&nbsp;GmbH. The parties have agreed not to disclose the transaction volume.</p><p class="text-justify">With its SolarMe electricity brand, Solarimo offers tenant electricity solutions for the housing industry. With this transaction, 300 photovoltaic systems with an installed capacity totalling 10.3 megawatts are to be transferred to Einhundert's operations by the end of the year. The systems are expected to supply more than 10,000 tenants across Germany with locally generated solar power. This is expected to save around 4,000 tonnes of CO2 per year.</p><p class="text-justify">ENGIE Deutschland GmbH is committed to accelerating the transition to a carbon-neutral economy. In Germany, the company plans, builds, operates and markets wind, photovoltaic and hydropower plants as well as pump storage and battery storage systems. Engie trades in electricity and gas and supplies end customers with energy.</p><p class="text-justify">The transaction was led by Dr Barbara Mayer, Christian Burmeister and Peter Meisenbacher at ADVANT Beiten.&nbsp;</p><p class="text-justify">Einhundert Energie GmbH has been supporting real estate companies in the electrification and decarbonisation of their building portfolios since 2017. The Cologne-based company enables housing companies and their tenants to participate in the energy transition. The aim is to use 100 per cent CO2-neutral energy from local PV systems.</p><p class="text-justify"><strong>Consultant Solarimo:</strong></p><p class="text-justify"><strong>ADVANT Beiten:</strong> Dr Barbara Mayer (Corporate/M&amp;A, Freiburg), Christian Burmeister (Corporate/M&amp;A, Freiburg/Berlin), Peter Meisenbacher (Public Sector/Energy, Freiburg/Berlin, all lead partners), Dr Erik Schmid, Alexander Gräßel (Labour Law, Munich/Freiburg).</p><p class="text-justify"><strong>Consutant Einhundert Energie:</strong></p><p class="text-justify"><strong>Noerr:&nbsp;</strong>Dr Christoph Thiermann, Dr Christian Haagen&nbsp;(Munich/London)</p><p><strong>Public Relations</strong></p><p>Frauke Reuther<br>Manager Kommunikation<br>ADVANT Beiten<br>+49 (69) 75 60 95 - 570<br><a href="mailto:frauke.reuther@advant-beiten.com">frauke.reuther@advant-beiten.com</a></p><p><a href="https://www.advant-beiten.com/en/experts/cv-professional/dr-barbara-mayer" target="_blank">Dr Barbara Mayer</a><br>Rechtsanwältin<br>ADVANT Beiten<br>+49 (761) 15 09 84 - 14<br><a href="mailto:Barbara.Mayer@advant-beiten.com">Barbara.Mayer@advant-beiten.com</a></p><p><a href="https://www.advant-beiten.com/en/experts/cv-professional/christian-burmeister" target="_blank">Christian Burmeister</a><br>Rechtsanwalt<br>+49 (761) 15 09 84 - 18<br><a href="mailto:Christian.Burmeister@advant-beiten.com">Christian.Burmeister@advant-beiten.com</a></p>]]></content:encoded>
                        
                            
                                <category>Labour Law</category>
                            
                                <category>Energy Law</category>
                            
                                <category>Corporate/M&amp;A</category>
                            
                                <category>Energy</category>
                            
                                <category>Public Sector</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/a/8/csm_Energy_Header_Scott_fb5394fc9d.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-8705</guid>
                        <pubDate>Tue, 25 Mar 2025 09:28:27 +0100</pubDate>
                        <title>ADVANT Beiten advises Trinasolar ISBU on the acquisition of a 65 MWp solar project portfolio</title>
                        <link>https://www.advant-beiten.com/en/news/advant-beiten-beraet-trinasolar-isbu-beim-erwerb-eines-65-mwp-solarprojekt-portfolios</link>
                        <description></description>
                        <content:encoded><![CDATA[<p class="text-justify"><strong>Frankfurt, 25. March 2025&nbsp;</strong>- The international law firm ADVANT Beiten has advised Trinasolar International System Business Unit (ISBU), a business unit of Trinasolar and global developer of solar power and battery storage solutions for international markets, on the acquisition of a 65 MWp solar project portfolio from Emeren Group Ltd. The parties have agreed not to disclose the transaction volume.</p><p class="text-justify">The acquired portfolio consists of three ready-to-build solar projects. The first project is located in Saarland, the second is an innovative Agri-PV project in Mecklenburg-Western Pomerania and finally another Agri-PV initiative in Lower Saxony. These projects are expected to be completed between mid and late 2025.</p><p class="text-justify">The ADVANT Beiten team, led by Dr. Christof Aha, regularly advises Trinasolar.</p><p class="text-justify">Trinasolar ISBU is the project development arm of Trinasolar and specializes in the development, engineering, procurement, construction, operation and maintenance as well as asset management of solar and battery storage projects worldwide.</p><p class="text-justify">Emeren Group is a global developer and operator of solar projects. The shares of Emeren Group Ltd. are listed on the NYSE.</p><p class="text-justify">Trinasolar France and Emerem Group have already worked together successfully in the past. With this strategic transaction, Trinasolar strengthens its commitment to expanding renewable energy solutions and promoting sustainable developments across Europe.</p><p class="text-justify"><strong>Advisor Trinasolar:</strong><br><strong>ADVANT Beiten:&nbsp;</strong>Dr Christof Aha (lead), Mark Thönißen, Felix Busold (all Corporate/M&amp;A), Leopold Linden (Real Estate, all Frankfurt), Katrin Lüdtke (Public Law, Munich).<br><strong>Inhouse Trinasolar:&nbsp;</strong>Esther Muñoz Contreras (Rome)</p><p class="text-justify"><strong>Advisor Emerem Group:</strong><br><strong>BNK:&nbsp;</strong>Dr. Florian Brahms, Désirée Oberpichler (both Hamburg)<br><strong>Inhouse Emerem Group:&nbsp;</strong>Manuel Ales, Teresa Cera Mora (both Madrid)</p><p><strong>Press contact</strong><br>Frauke Reuther<br>Communications Manager<br>ADVANT Beiten<br>+49 (69) 75 60 95 - 570<br><a href="mailto:frauke.reuther@advant-beiten.com">frauke.reuther@advant-beiten.com</a></p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Corporate/M&amp;A</category>
                            
                                <category>Energy</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/a/8/csm_Energy_Header_Scott_fb5394fc9d.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-8615</guid>
                        <pubDate>Thu, 27 Feb 2025 12:48:13 +0100</pubDate>
                        <title>EU Commission presents Action Plan for Affordable Energy as part of the Clean Industrial Deal</title>
                        <link>https://www.advant-beiten.com/en/news/eu-kommission-stellt-den-action-plan-for-affordable-energy-als-teil-des-clean-industrial-deals-vor</link>
                        <description></description>
                        <content:encoded><![CDATA[<p><strong>On 26 February 2025, the European Commission published the Clean Industrial Deal, which outlines measures to use decarbonisation as an opportunity for growth in European industry.&nbsp;</strong></p><p><strong>One element of this package of measures is the Action Plan for Affordable Energy. It presents a roadmap for affordable and secure energy supply.&nbsp;</strong></p><p><strong>The following text gives you an overview of the key points of this roadmap.</strong></p><h3><span>I.<strong> </strong>The EU action plans</span></h3><p>Energy prices in the EU have risen dramatically in recent years, affecting households, companies and industry alike. Energy-intensive industries in particular are facing rising costs that jeopardise their competitiveness on the global market. At the same time, geopolitical uncertainties and dependence on fossil fuel imports are exacerbating the situation.</p><p>At the end of January 2025, the European Commission already described and announced measures in its <strong>Competitiveness Compass for the EU</strong>, based on the <strong>Draghi Report</strong>, that are intended to accelerate the transformation of the EU and increase its competitiveness.&nbsp;</p><p>The <strong>Green Industrial Deal</strong> has now been published as part of this Compass. In this context, the EU Commission presents, among other things, the <strong>Action Plan for Affordable Energy</strong>.</p><p>The aim of this Plan is to reduce energy costs in the short term, accelerate structural reforms and create a stable, climate-friendly and competitive energy system within the EU in the long term.</p><h3><span>II. High energy costs in the EU</span></h3><p>The Commission lists several factors that are responsible for the high energy costs. On the one hand, it mentions the heavy dependence on imported fossil fuels, especially gas. High price fluctuations on the global markets and geopolitical tensions are inflating costs.&nbsp;On the other hand, the report&nbsp;identifies a disadvantage in the still inadequate integration of the European electricity grid, which leads to grid bottlenecks and inefficiencies and therefore to higher costs. High taxes, grid fees and levies in the individual Member States are also cited as major factors causing high and rising energy prices.</p><h3><span>III. The four pillars of the Action Plan</span></h3><p>In order to reduce these high energy costs quickly and systematically and to make the energy system fit for the future, the Action Plan presents <strong>four pillars&nbsp;</strong>containing a total of <strong>eight actions</strong>: Lowering energy costs (Pillar 1), completing the Energy Union (Pillar 2), attracting investments (Pillar 3) and being ready for potential energy crises (Pillar 4).</p><p><strong>Pillar 1: Lowering energy costs</strong></p><p>In Pillar 1, the EU Commission defines four actions to lower energy costs.</p><h5><span>Action 1: Make electricity bills more affordable</span></h5><p>As a first step, network charges will be reduced and taxes and levies lowered. The Commission intends to introduce new pricing structures for this purpose, designed specifically to promote flexible grid use and grid stability. The Commission also wants to issue recommendations to the Member States on reducing taxes and levies, with the costs to be shifted to the national budgets. In addition, switching energy suppliers will be made easier for consumers, and energy communities will be promoted.</p><h5><span>Action 2: Bring down the cost of electricity supply</span></h5><p>Besides the above, the Commission plans to develop legal guidelines for power purchase agreements (PPAs) and contracts for difference (CfDs) to promote more favourable procurement models and the integration of renewable energies also for those consumers who have so far had little access to this type of electricity supply. Regulatory obstacles will be removed by the Member States and certain instruments will be introduced to minimise risk.&nbsp;</p><p>The Commission also intends to make legislative proposals to further shorten authorisation procedures for grids, storage and renewable energies. Member States will be supported in their efforts to improve the human and financial resources of the authorisation authorities. This should reduce approval periods to less than six months for simpler projects, such as repowering projects in acceleration areas.</p><p>The presentation of a European Grid Package, which will build on the Network Action Plan already in place since 2023, is also aimed at accelerating the modernisation and digitalisation of the networks in Europe. System flexibility is going to be increased through the further expansion of storage capacity and also through demand response. To this end, the Member States should implement the EU regulations on market access more quickly and offer better incentives to make flexibility more attractive for the individual stakeholders.</p><h5><span>Action 3: Ensure well-functioning gas markets</span></h5><p>The competitiveness of the gas markets will be improved through fair prices. It is planned that a Gas Market Task Force will thoroughly scrutinise the market and take steps to ensure the proper functioning of the market and prevent market distortions. A broad stakeholder consultation will be launched in the areas of regulatory oversight, alignment and strengthening of energy and financial market rules, reduction of administrative burden for companies trading in energy financial markets and the introduction of a common harmonised database. The work of the task force is expected to be completed by the 4th quarter of 2025 with the delivery of a recommendation.</p><h5><span>Action 4: Energy efficiency - delivering energy savings</span></h5><p>Another aspect of lowering energy costs is to reduce energy consumption, i.e. improve energy efficiency. Access to energy efficiency services will be facilitated and financial incentives increased, both for companies and consumers. Especially the latter will be offered easier access to energy-efficient products and products with a longer service life. To this end, labelling and ecodesign regulations will be adapted.&nbsp;</p><p><strong>Pillar 2: CompletIng the Energy Union</strong></p><p>The Commission addresses the completion of the Energy Union in Pillar 2 of the Action Plan - which is also&nbsp;<strong>Action 5</strong>. Meeting this goal requires long-term structural measures. The Commission proposes, among other things, the introduction of an Energy Union Task Force for improved coordination between the Member States, the revision of the existing Energy Union Governance Regulations and the introduction of a Heating and Cooling Strategy. An investment strategy for clean energy and a strategic roadmap for digitalisation and AI in the energy sector will also be presented.</p><p><strong>Pillar 3: Attracting investments</strong></p><p>In Pillar 3, the Commission deals with the financing of the energy transition. Securing a stable and affordable energy supply for European industry in the long term will be made easier.</p><p>In <strong>Action 6</strong>, the Action Plan therefore provides for the creation of a favourable investment climate through a tripartite contract for affordable energy between energy producers, public sector and industry. The European Investment Bank (EIB), the Commission and the Member States are expected to support the parties involved. The aim is to provide predictability and scalability.&nbsp;</p><p><strong>Pillar 4: Being ready for potential energy crises&nbsp;</strong></p><p>Pillar 4 provides the Member States with appropriate instruments to enhance resilience of the energy market during future energy crises and to strengthen security of supply.</p><p>In <strong>Action 7</strong>, the Commission therefore announces a proposal to revise the current EU legal framework for the security of energy supply. The proposal will help to stabilise prices by drawing on the experience of the current energy crisis. This is aimed at ensuring better availability of energy at all times.</p><p><strong>Action 8</strong> guides the Member States on incentives through an appropriate remuneration system to reduce demand at peak times. Grid operators are encouraged to implement measures to reduce energy consumption at certain times. This is intended to keep the energy bill down and to reduce price volatility. Action 8 aims at stabilising the energy market and improving price control. In cases where a grid bottleneck or overload severely impedes the flow of energy, close cooperation between the transmission system operators (TSOs) and the national authorities will continue. Overall, cross-border electricity trading is to be maximised to mitigate local price peaks and guarantee the supply of energy.</p><h3><span>IV. Conclusion and outlook</span></h3><p>The measures presented in the Action Plan for Affordable Energy are numerous and range from specific adjustments to existing regulations all the way to reports by task forces yet to be established based on which specific measures will have to be developed. The Action Plan’s aim to reduce energy prices in the EU and thus strengthen competitiveness is certainly equally important and valid for all Member States, consumers and industry. It remains to be seen exactly which measures will be implemented and how they can and must be integrated into the German legal framework. The timelines for the implementation of the measures listed in the Action Plan range from ‘immediately‘, through the first calendar quarter of 2025, to the beginning of 2026.&nbsp;</p><p>We will monitor the developments and the impact on individual market participants, analyse them and keep you informed.</p><p><a href="https://www.advant-beiten.com/en/experts/cv-professional/peter-meisenbacher" target="_blank">Peter Meisenbacher</a><br><a href="https://www.advant-beiten.com/en/experts/cv-professional/dr-malaika-ahlers" target="_blank">Dr Malaika Ahlers LL.M.</a></p><p><a href="https://www.advant-beiten.com/en/experts/cv-professional/sebastian-berg" target="_blank"><span class="text-muted">Sebastian Berg</span></a><span class="text-muted">, </span><a href="https://www.advant-beiten.com/en/experts/cv-professional/anton-buro" target="_blank"><span class="text-muted">Anton Buro</span></a><span class="text-muted"> und </span><a href="https://www.advant-beiten.com/en/experts/cv-professional/dr-florian-boehm" target="_blank"><span class="text-muted">Dr Florian Böhm</span></a><span class="text-muted"> from our Energy team will also be happy to answer any questions you may have on energy law-related issues.</span></p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Energy</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/c/c/csm_AdobeStock_172956774_a866d5e556.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-8332</guid>
                        <pubDate>Fri, 10 Jan 2025 17:59:04 +0100</pubDate>
                        <title>Latest news on energy law: changes as of 1 January 2025</title>
                        <link>https://www.advant-beiten.com/en/news/neues-aus-dem-energierecht-aenderungen-zum-1-januar-2025</link>
                        <description></description>
                        <content:encoded><![CDATA[<p><strong>Dear readers,</strong></p><p>The year 2025 will be at least as dynamic as the years before when it comes to energy law. It remains unclear what impact the upcoming elections in February and the changing geopolitical situation will have on the direction and objectives in the energy sector. The following is a brief overview of what is already known to be introduced in 2025.</p><p><strong>1. Obligation for meter operators to install smart metering systems pursuant to section 34 (2) sentence 1 no. 1 of the German Metering Point Operation Act (</strong><i><strong>Messstellenbetriebsgesetz, MsbG</strong></i><strong>)</strong></p><p>As from 2025, every household may receive a digital electricity meter. Essentially anyone with an annual electricity consumption of more than 6,000 kWh, solar systems with an output of more than 7 kW and/or controllable heat pumps is eligible. Starting at the beginning of this year, metering point operators are obliged to equip, on request, metering points and submeters installed in a customer system and not requiring accounting with 15-minute smart metering systems (pursuant to section 2 no. 7 MsbG) earlier, but beware, the term 'customer system' has been fundamentally called into question by the ECJ ruling of 28 November 2024 (Case C-293/23) (you can read about this in our&nbsp;<a href="https://communication.advant-beiten.com/21/1132/december-2024/blickpunkt-offentlicher-sektor-dezember-2024.asp" target="_blank" rel="noreferrer">article in the December 2024 issue of the newsletter Focus on the Public Sector (available in German only)</a>). The installation of smart meters used to be voluntary but is now mandatory within four months of being commissioned. This is another step in the 'smart meter rollout' announced by the legislature, which has made only slow progress in recent years.</p><p><strong>2. Obligation for electricity suppliers to offer dynamic electricity prices pursuant to section 41a (2) of the German Energy Industry Act (</strong><i><strong>Energiewirtschaftsgesetz, EnWG</strong></i><strong>)</strong></p><p>From 1 January 2025, all electricity suppliers will be obliged to offer end consumers electricity contracts with dynamic electricity rates, provided these consumers have smart meters. According to section 3 no. 31d EnWG, dynamic rates mean they that reflect the price fluctuations of the energy exchange. This allows end consumers to be flexible in their consumption of electricity and optimise it to coincide with periods of low electricity prices. Electricity suppliers must furthermore comprehensively inform their customers about the dynamic rates and offer information about the installation of a smart metering system.</p><p><strong>3. Obligation for electricity suppliers to guarantee a change of supplier within 24 hours</strong></p><p>Under ruling BK6-22-024 of the German Federal Network Agency (<i>Bundesnetzagentur</i>), electricity suppliers will be obliged as of 4 April 2025 to guarantee an accelerated change of supplier within a maximum of 24 hours on every working day if end consumers wish to do so.</p><p><strong>4. Obligation for system operators to guarantee marking and lighting of wind turbines at night pursuant to section 9 (8) of the German Renewable Energy Sources Act (</strong><i><strong>Erneuerbare-Energien-Gesetz, EEG</strong></i><strong>)</strong></p><p>From 1 January 2025, onshore wind turbines must be equipped with aircraft detection lighting systems (ADLS) where this is required under aviation law. If system operators fail to comply with this obligation, they will have to make payments to the grid operator in accordance with section 52 (1) no. 3 EEG.</p><p><strong>5. Increased CO2 price for end consumers pursuant to section&nbsp;10&nbsp;(2) sentence 2 no. 5 of the German Fuel Emissions Trading Act (</strong><i><strong>Brennstoffemissionshandelsgesetz, BEHG</strong></i><strong>)&nbsp;</strong></p><p>On 1 January 2025, the price per emissions certificate in national emissions trading will increase to EUR 55. With the higher CO2 price, the legislature wants provide incentives for end consumers to switch to low-CO2 or even CO2-free technologies. This marks the beginning of the last year of the fixed-price phase, in which the price of an emissions certificate is determined by law. From 2026, the price of an emissions certificate will be determined by auction, similar to the European emissions certificate trading system. A price corridor will limit the price of a certificate to range between EUR 55 and a maximum of EUR 65 in 2026.</p><p><strong>6. Obligations for owners of combustion plants after the expiry of the transitional provisions in the German Federal Immission Control Regulation (</strong><i><strong>Bundesimmissionsschutzverordnung</strong></i><strong>)</strong></p><p>The Federal Immission Control Regulation stipulates that owners of furnaces burning wood, coal and other solid fuels are obliged to adhere to specified carbon monoxide and particulate matter limits. The last transition period for compliance with these requirements ended on 31&nbsp;December 2024. Owners of a furnace not meeting these legal requirements must make the necessary adjustments or take the furnace out of operation if these requirements cannot be met. Anyone who fails to do so will face fines.</p><p><strong>7. Obligations for developers and owners regarding building automation pursuant to section 71a of the German Building Energy Act (</strong><i><strong>Gebäudeenergiegesetz, GEG</strong></i><strong>)</strong></p><p>If a heating system or a combined heating or air conditioning and ventilation system with a rated output of more than 290 kilowatts is installed in a non-residential building, this non-residential building must be equipped with a building automation and control system as from 1 January 2025. The requirements for this digital energy monitoring technology are listed in section 71a (2) and (3) GEG. According to the legislature, building automation helps adjust operating times or prevents simultaneous heating and cooling. This Act transposes Article 14 (4) and Article 15 (4) of Directive (EU) 2024/1275 (EPBD).</p><p><strong>8. Expiry of the innovation clause (section 103 GEG)</strong></p><p>The innovation clause allows owners and developers to apply (usually with the lowest building authority and until 31 December 2025) for an exemption from certain requirements of the GEG on the basis of using innovative solutions. For the time being, this technology-neutral approach has been extended until the end of the year. Given the current, uncertain political situation, however, especially with regard to the GEG, it is impossible to say whether a further extension can be expected. It could therefore be worthwhile for project developers to start implementing innovative projects as early as 2025 and apply for an exemption under section 103 GEG.</p><p><strong>9. Waste heat reporting obligation for companies under section 17 (2) of the German Energy Efficiency Act (</strong><i><strong>Energieeffizienzgesetz , EnEfG</strong></i><strong>)</strong></p><p>Companies must report data on their waste heat quantities to the Federal Agency for Energy Efficiency (<i>Bundesstelle für Energieeffizienz</i>) for the first time on or before 1 January 2025. From this year onwards, such reports must be submitted every year on or before 31 March. Therefore, companies who report data on their waste heat quantities for the first time in 2025, will have to file two reports in 2025. This obligation applies to companies with a total annual energy consumption of more than 2.5 GWh within the past three years. Anyone who fails to comply with this reporting obligation could be liable to a fine, see section 19 (1) no. 9 EnEfG. This reporting obligation is meant to support mainly district heating network operators and other heat consumers: they will be able to view potential sources of waste heat in order to leverage any efficiency potential. Companies must reuse their waste heat to save energy to the extent this is possible and reasonable.</p><p><strong>10. Rulings of the German Federal Network Agency; industrial grid charges and grid capacity</strong></p><p>With its key issues paper of 24 July 2024, the Federal Network Agency (<i>Bundesnetzagentur, BNetzA</i>) initiated a reform of industrial grid fees. A new ruling of the BNetzA is meant to create new incentives for electricity-intensive companies. To make this possible, the band load privilege is to be abolished. The purpose of the band load privilege is to provide incentives for electricity-intensive end consumers to keep constant base loads.</p><p>In addition, the BNetzA has initiated a procedure to create uniform standards for the allocation of grid capacity above low-voltage level. The relevant consultation process ended on 31 December 2024, meaning that the BNetzA is expected to make a decision in 2025.</p><p>Dr Malaika Ahlers<br>Anton Buro</p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>ESG</category>
                            
                                <category>Energy</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/a/8/csm_Energy_Header_Scott_fb5394fc9d.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-7958</guid>
                        <pubDate>Wed, 04 Sep 2024 08:48:58 +0200</pubDate>
                        <title>ADVANT Beiten Strengthens Energy Law Team with Peter Meisenbacher at the Freiburg Office</title>
                        <link>https://www.advant-beiten.com/en/news/advant-beiten-verstaerkt-energierechtsteam-mit-peter-meisenbacher-am-freiburger-standort</link>
                        <description></description>
                        <content:encoded><![CDATA[<p><strong>Freiburg, 4 September 2024</strong> – The international law firm ADVANT Beiten continues to grow: It was only at the beginning of this year that ADVANT Beiten was able to further expand its energy division with Dr Malaika Ahlers as Partner and Anton Buro as Associate from Becker Büttner Held. The energy law team has developed successfully since then and is now being further strengthened with Peter Meisenbacher from Sterr-Kölln &amp; Partner.</p><p>Peter Meisenbacher will join ADVANT Beiten as a Salary Partner at the Freiburg office on 15 September this year and will work closely with his Berlin energy law colleagues in the Public Sector practice group. At the same time, there will be close cooperation with the Freiburg partners who advise clients from the energy sector in commercial and corporate law as well as in M&amp;A transactions (most recently at <a href="https://www.advant-beiten.com/en/news?tx_news_pi1%5Baction%5D=detail&amp;tx_news_pi1%5Bcontroller%5D=News&amp;tx_news_pi1%5Bnews%5D=7645&amp;cHash=f5775b19ad5fdd70e3ed66842cf7e43e" target="_blank">ADVANT Beiten and ADVANT Nctm advise BKW on expansion of its interest in HelveticWind</a>). Freiburg has traditionally been a strong centre in the field of renewable energies, particularly thanks to the Fraunhofer Institute ISE and INTERSOLAR / The smarter E Europe, Europe's largest trade fair alliance for the energy industry, which is co-organised by the Freiburg Economic Development Agency and has been legally supported by ADVANT-Beiten for many years. In this environment, Peter Meisenbacher's expertise in energy law is a valuable addition.&nbsp;</p><p><strong>Peter Meisenbacher</strong> (37) advises comprehensively on renewable energy law with a focus on civil law at the interface with energy law. Due to his many years of experience in the field of renewable energies, he advises project developers, investors and banks as well as local authorities and municipal utilities throughout Germany and internationally on the realisation of energy projects. One of his main focuses is the realisation of photovoltaic projects. Before joining Sterr-Kölln &amp; Partner, Peter Meisenbacher worked for several years at Becker Büttner Held, where he worked together with Dr Malaika Ahlers and advised companies on all issues they face as consumers, electricity and heat suppliers or network operators.</p><p>‘The energy sector represents a particular focus at ADVANT Beiten. Our interdisciplinary, cross-office team is growing continuously so that we are optimally positioned for the constant change that the industry is undergoing,' explains Dr Malaika Ahlers and adds: ’We are pleased to have won another very experienced expert in Peter Meisenbacher, whose expertise, primarily in the important renewable energies segment, is an ideal fit for us: a perfect match.&nbsp;</p><p>Dr Jan Barth, head of the Freiburg office, is pleased about the expansion of his expertise: 'We started in 2022 as a pure corporate/M&amp;A office and are constantly expanding our range of advice, first with employment law and now with public law and energy law.'</p><p><strong>Public Relations</strong><br>Frauke Reuther<br>Manager Kommunikation<br>ADVANT Beiten<br>+49 (69) 75 60 95 - 570<br><a href="mailto:frauke.reuther@advant-beiten.com">frauke.reuther@advant-beiten.com</a></p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Energy</category>
                            
                                <category>Public Sector</category>
                            
                        
                        
                            
                            
                            <enclosure url="https://www.advantlaw.com/fileadmin/_processed_/7/2/csm_Energiewirtschaftsrecht_Header_Scott_90235d8cb9.jpg" length="0" type="image/jpeg"/>
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-6819</guid>
                        <pubDate>Fri, 26 Apr 2024 08:21:00 +0200</pubDate>
                        <title>Solar I Package - Further Improvements for Solar Power Systems</title>
                        <link>https://www.advant-beiten.com/en/news/solarpaket-i-weitere-verbesserungen-fuer-solaranlagen</link>
                        <description></description>
                        <content:encoded><![CDATA[<p>We’ve reported on <a href="https://www.advant-beiten.com/en/blogs/solar-i-package-strong-support-decentralised-energy-supply-buildings" target="_blank">the principal changes</a> to the Solar I Package with respect to decentralised energy supply. But the Package also deregulates certain aspects and contains numerous incentives to encourage the development of projects involving solar electricity systems.</p><h3>More flexible use of battery storage</h3><p>The German coalition government enacted various amendments to the Renewable Energy Act (EEG) to provide a more flexible option for the use of power stores:</p><p>Until now, subsidies have been available for electricity from renewable energy sources (RE electricity) fed into the grid from battery storage, provided that only RE electricity was used to charge the battery for the whole year. The Solar I Package inserts a new § 19 (3a) into the EEG, which allows RE electricity to be subsidised even where the feeding battery was not charged solely with RE electricity for a whole year. The operator of the battery may now switch the operating mode of the battery five times within a year, providing there is at least two months between each switch. For those periods in which the battery is charged solely with RE electricity, the battery will be considered a RE facility and entitled to subsidies under the EEG.</p><h3>Tenders for larger facilities</h3><p>The Package increases the maximum tender size for solar installations in the first segment from 20 to 50 MWp. This welcome change allows project developers to receive subsidies for facilities with economies of scale, making them more cost-effective.</p><h3>Opt-out rule for disadvantaged regions</h3><p>Electricity from solar power can be subsidised, for example, when the facility is in a so-called “disadvantaged region”. Until now, the German Länder could open up their disadvantaged regions for RE electricity generation but were not required to do so (so-called “opt-in rule”).</p><p>This rule has been reversed and is now an opt-out rule: disadvantaged regions are legally considered open (without requiring the approval of the Länder). Each Land must open up at least one per cent of its agricultural areas by the end of 2030. This minimum share will then increase to 1.5%. Once these thresholds are exceeded, the Land can again close certain disadvantaged regions to the production of electricity from renewable energy sources.</p><p>In addition, disadvantaged regions are now open to solar farms that cannot participate in tenders. Accordingly, project developers can establish smaller photovoltaic systems (rated output under 750 kWp) in disadvantaged areas.</p><h3>Tolerance obligation for the expansion of the grid and power lines</h3><p>The Solar I Package allows developers of photovoltaic systems to demand that the legal users of public properties tolerate the installation of power lines. This is designed to significantly speed up renewable energy projects and the expansion of the grid. The adopted law does not go as far as the draft bill, which subjected all property owners, including private owners, to this tolerance obligation.</p><p>Similarly, new § 11b of the EEG provides a right of way over publicly-owned property during the construction and dismantling of wind farms.</p><h3>New tender procedure for special systems</h3><p>Special systems (agricultural photovoltaic systems, systems on parking lots, etc.) were previously at a disadvantage when tendering output capacity as the basic costs of such projects were typically higher than those of systems built in open spaces where construction is easier. To counteract this effect, the entry into force of the Solar I Package will make it possible to tender special systems separately in the first segment.</p><p>As developers of special systems no longer need to compete against conventional plants built in open spaces, new open spaces will become viable in agricultural areas, on parking lots, in grasslands, and on moors.</p><h3>Summary</h3><p>The Solar I Package contains key changes, which will facilitate the construction and expansion of photovoltaic plants.</p><p>Again: after the Solar I Package comes Solar II. Various issues still need deregulating and numerous legal incentives are still needed if the full potential of the expansion necessary to reach national and European climate goals is to be achieved.</p><p><a href="https://www.advant-beiten.com/en/experts/dr-christof-aha" target="_blank">Dr Christof Aha</a><br><a href="https://www.advant-beiten.com/en/experts/dr-malaika-ahlers" target="_blank">Dr Malaika Ahlers</a><br><a href="https://www.advant-beiten.com/en/experts/anton-buro" target="_blank">Anton Buro</a><br><a href="https://www.advant-beiten.com/en/experts/leopold-linden" target="_blank">Leopold Linden</a></p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Real Estate Law</category>
                            
                                <category>Energy</category>
                            
                                <category>Real Estate</category>
                            
                        
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-6818</guid>
                        <pubDate>Fri, 26 Apr 2024 08:18:00 +0200</pubDate>
                        <title>Solar I Package - Strong Support for Decentralised Energy Supply for Buildings!</title>
                        <link>https://www.advant-beiten.com/en/news/solarpaket-i-starker-rueckenwind-fuer-die-dezentrale-gebaeudeversorgung</link>
                        <description></description>
                        <content:encoded><![CDATA[<p>Following tough negotiations, the German Federal Government adopted the long-awaited Solar Package. The bill was presented in August 2023 and gave stakeholders hope that deregulation would facilitate photovoltaic expansion. More recently, the bill had become a problem child for some associations, which had started to doubt it would be enacted. The adoption of the Package alleviated these fears, despite differences to the original bill on certain issues.</p><p>The law (still) focuses on improving tenant electricity supply, the introduction of “shared building supply” as a new model for the supply of electricity from photovoltaic systems (“PV systems”) in buildings, as well as “subsidy-free supply” as a new form of marketing. These changes establish the legal cornerstones for the comprehensive autonomous supply of electricity from PV systems mounted on the rooves of apartment and industrial buildings. This generates new opportunities for decentralised supply models for utility companies, but also for the original partners in the real estate sector. Landlords can tap into the economic potential of their buildings by either establishing and operating PV systems or leasing roof space.</p><p>Specifically:</p><h3>Simplified landlord-to-tenant electricity</h3><p>Under the current law, landlord-to-tenant electricity supply may only utilise solar panels mounted on residential properties (§ 21 (3) of the Renewable Energy Sources Act (EEG) and § 42 of the Energy Industry Act (EnWG)). In the future, panels may also be mounted on industrial and auxiliary buildings (such as garages). Tenant electricity also no longer needs to be used within residential buildings.</p><p>The Solar Package extends the maximum permissible duration of landlord-to-tenant electricity supply contracts to two years.<br>Additionally, this maximum only applies where the customer is a consumer.</p><p>The downside to deregulation is that the operator of the PV system and the end customer may no longer belong to a corporate group (PV system operators must provide a declaration to this end). This is designed to prevent the misuse of subsidies.</p><p>Regulatory hurdles often dissuaded operators of landlord-to-tenant electricity systems from claiming subsidies where industrial and residential leases were involved. The low level of subsidies rarely justified the administrative and advisory costs. Liberalisation makes the landlord-to-tenant model more attractive.</p><h3>Energy sharing</h3><p>The Solar Package introduces a new supply model: the “shared building supply” model (§ 42b (1) of the EnWG). This model is independent of and parallel to the landlord-to-tenant supply model and releases users of the model from numerous supply obligations to enable the supply of solar energy within a building without the normal level of bureaucracy. In particular, operators of energy-sharing systems (PV systems) are not required to supply the residual electricity that the PV system cannot cover.<br>Complex questions of implementation arise with respect to the measurement every quarter of an hour (end customer energy reference quantities must be measured every quarter of an hour), the determination of the allocation key, and the assignment of quantities to individual customers.</p><h3>Landlord-to-tenant electricity model or energy-sharing model?</h3><p>Energy sharing (§ 42b EnWG) and landlord-to-tenant electricity (§ 42a EnWG) should form distinct models for the consumption of electricity from PV systems close to where it is generated. ;In contrast to landlord-to-tenant models, suppliers in energy-sharing models do not have to offer full supply. Accordingly, the law removes the obligations on suppliers to conclude a contract to supply residual energy and to use a mixed calculation. The Package does not foresee any additional funding for the quantity of electricity supplied through energy-sharing models – as distinct from landlord-to-tenant systems – because the full supply obligation and certain other supplier obligations have been removed. Compensation will still be available as usual under the EEG for electricity fed into the grid unless the PV system operator has selected to feed electricity into the grid without receiving payment of the EEG subsidy (unentgeltliche Abnahme).</p><p>Energy sharing could therefore become an uncomplicated alternative form of supply, especially in residentiary or mixed-use buildings.</p><h3>Direct marketing and sale of energy without EEG subsidies</h3><p>Many project developers deliberately kept facilities small to avoid the direct marketing obligation for excess energy. This obligation now only applies to facilities with an installed capacity of 200 kilowatts or more.</p><p>Photovoltaic systems with an installed capacity of between 100 and 200 KW can now be earmarked as free-of-subsidy installations. While system operators will not receive any additional payment of EEG subsidies for electricity that is fed into the grid, they also do not need to undertake any direct marketing. Obviously, this form of marketing will only make sense when it is foreseen that solar energy consumption will be highly decentralised.</p><h3>Summary</h3><p>The potential of large rooves of industrial properties for mounting PV systems is far from exhausted. The Solar I Package implements important improvements for the decentralisation of energy supply within buildings. It reduces red tape, opens up roof space potential, and facilitates participation by expanding supply options for project developers.</p><p>However, this potential can still be utilised more fully: associations involved in the most recent hearing of the Committee for Climate Protection and Energy of 22 April 2024 called for various outstanding guidelines to be provided. These include legal frameworks for energy sharing and measuring the direct marketing limit by the amount of electricity fed into the grid, as well as specific conditions related to the commercial tax privilege.</p><p><strong>After the Solar I Package comes Solar II!</strong></p><p>Find out more about the improvements introduced for solar power systems <a href="https://www.advant-beiten.com/en/blogs/solar-i-package-further-improvements-solar-power-systems" target="_blank">here</a>.</p><p><a href="https://www.advant-beiten.com/en/experts/dr-christof-aha" target="_blank">Dr Christof Aha</a><br><a href="https://www.advant-beiten.com/en/experts/dr-malaika-ahlers" target="_blank">Dr Malaika Ahlers</a><br><a href="https://www.advant-beiten.com/en/experts/anton-buro" target="_blank">Anton Buro</a><br><a href="https://www.advant-beiten.com/en/experts/leopold-linden" target="_blank">Leopold Linden</a></p>]]></content:encoded>
                        
                            
                                <category>Energy Law</category>
                            
                                <category>Real Estate Law</category>
                            
                                <category>Energy</category>
                            
                                <category>Real Estate</category>
                            
                        
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-3362</guid>
                        <pubDate>Tue, 31 Oct 2023 17:00:00 +0100</pubDate>
                        <title>ADVANT Beiten Advises VERBUND AG on the Acquisition of a 56 MW Wind Farm Portfolio from Impax</title>
                        <link>https://www.advant-beiten.com/en/news/advant-beiten-beraet-verbund-ag-bei-der-akquisition-eines-56-mw-windportfolios-von-impax</link>
                        <description></description>
                        <content:encoded><![CDATA[<p><strong>Frankfurt, 1 November 2023</strong> – The international law firm ADVANT Beiten has provided comprehensive legal advice to Verbund AG and its subsidiaries on the acquisition of a 56.4 MW wind portfolio in the German federal states of Hesse, North Rhine-Westphalia and Lower Saxony. The seller is an infrastructure fund managed by Impax Asset Management. The parties have agreed not to disclose the purchase price.</p><p>The portfolio consists of five operational wind farms with a total of 38.4 MW (in Oedelum, Quelkhorn, Mariengarten, Münster and Frielendorf Süd) as well as a wind project with a planned commissioning in the third quarter of next year with 18 MW (Feldatal).</p><p>In the context of the transaction, Verbund AG was advised by an M&amp;A team from ADVANT Beiten specialising in renewable energies. The transaction experts led by partner Dr Christof Aha had already advised Verbund AG on the acquisition of an 86 MW wind portfolio in Rhineland-Palatinate.&nbsp;</p><p>ADVANT Beiten's M&amp;A Renewable team advises national and international investors on the development, operation, acquisition and sale of large wind farms, solar parks and geothermal projects. To this end, the team works across borders with the law firms of the European ADVANT network.</p><p><strong>Advisors to VERBUND AG:&nbsp;</strong><br>ADVANT Beiten: Dr Christoph Aha (Lead Partner in charge), Mark Thönißen, Felix Busold, Maik Benedikt Merkens (all Corporate/M&amp;A, Frankfurt), Dr Jochen Reuter, Leopold Linden (both Real Estate, Frankfurt), Katrin Lüdtke (Public Law,&nbsp;Munich)</p><p>Inhouse: Dr Patrick Prusa (Verbund AG, Vienna)</p><p><strong>Advisor to IMPAX</strong>: Taylor Wessing</p><p><strong>Public Relations</strong><br>Frauke Reuther<br>Manager Kommunikation<br>ADVANT Beiten<br>+49 (69) 75 60 95 - 570<br><a href="mailto:frauke.reuther@advant-beiten.com">frauke.reuther@advant-beiten.com</a></p><p><a href="https://www.advant-beiten.com/en/experts/dr-christof-aha" target="_blank">Dr Christof Aha</a><br>Lawyer&nbsp;<br>ADVANT Beiten<br>+49 (69) 756095 - 451<br><a href="mailto:Christof.Aha@advant-beiten.com">Christof.Aha@advant-beiten.com</a></p><p>&nbsp;</p>]]></content:encoded>
                        
                            
                                <category>Corporate/M&amp;A</category>
                            
                                <category>Public Law</category>
                            
                                <category>Real Estate</category>
                            
                                <category>Energy</category>
                            
                        
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-3229</guid>
                        <pubDate>Sun, 23 Oct 2022 18:00:00 +0200</pubDate>
                        <title>ADVANT Beiten Advises TransnetBW on the Award of the World&#039;s Largest Battery Storage Project</title>
                        <link>https://www.advant-beiten.com/en/news/advant-beiten-beraet-transnetbw-bei-der-vergabe-des-weltweit-groessten</link>
                        <description></description>
                        <content:encoded><![CDATA[<p><strong>Hamburg, 24 October 2022</strong> - The international law firm ADVANT Beiten has advised TransnetBW GmbH, a wholly owned subsidiary of EnBW Energie Baden-Württemberg AG headquartered in Stuttgart, on the award, negotiation and conclusion of the project agreements with Fluence Energy GmbH, a global leader in energy storage technologies, for the construction of the Kupferzell grid booster pilot plant. With a capacity of 250 megawatts, the world's largest battery storage facility is currently scheduled for completion and operation in 2025.</p><p>The Kupferzell battery storage facility is the first of the so-called "grid booster" projects with which the German transmission grid operators intend to counteract overloads in the transmission grid to ensure a stable and permanent power supply.</p><p><strong>Advisor to TransnetBW GmbH:</strong><br>ADVANT Beiten: Dr Christian Ulrich Wolf (Project Agreements, Hamburg); Stephan Rechten; Max Stanko (both Procurement Law, both Berlin); Maren Dedert (Project Agreements, Hamburg) and Sebastian Berg (Energy Law, Berlin).</p><p>Inhouse Legal: Sonja Köhler; Dr Uwe-Michael Voigt; Dr Sascha Pelka</p><p><strong>Media Contact</strong><br>Frauke Reuther<br>Manager Kommunikation<br>ADVANT Beiten<br>+49 (69) 75 60 95 - 570<br><a href="mailto:frauke.reuther@advant-beiten.com">frauke.reuther@advant-beiten.com</a></p><p>Dr Christian Ulrich Wolf<br>Lawyer&nbsp;<br>ADVANT Beiten<br>+49 (40) 68 87 45 - 124<br><a href="mailto:ChristianUlrich.Wolf@advant-beiten.com">ChristianUlrich.Wolf@advant-beiten.com</a></p>]]></content:encoded>
                        
                            
                                <category>Corporate/M&amp;A</category>
                            
                                <category>Energy Law</category>
                            
                                <category>Procurement Law</category>
                            
                                <category>Energy</category>
                            
                        
                        
                    </item>
                
                    <item>
                        <guid isPermaLink="false">news-3188</guid>
                        <pubDate>Thu, 14 Jul 2022 18:00:00 +0200</pubDate>
                        <title>ADVANT Beiten berät ENVIRIA bei 500 MW-PV-Joint Venture mit Q ENERGY</title>
                        <link>https://www.advant-beiten.com/en/news/advant-beiten-beraet-enviria-bei-500-mw-pv-joint-venture-mit-q-energy</link>
                        <description></description>
                        <content:encoded><![CDATA[<p><strong>Frankfurt am Main, 15 July 2022</strong> – <span><span><span><span><span><span lang="EN-US"><span><span>ADVANT Beiten has advised ENVIRIA Energy Holding GmbH, Frankfurt, on a comprehensive joint venture with the recently founded green electricity company Q ENERGY. The two companies have entered into a framework agreement, along with corresponding project development agreements, for the co-development of a 500 MW portfolio. The portfolio consists of multiple ground-mounted solar PV projects spread across Germany.</span></span></span></span></span></span></span></span></p><p><span><span><span><span><span><span lang="EN-US"><span><span>ENVIRIA is an innovative all-in-one provider, offering modern PV plants installed on commercial rooftops and on large open spaces. In 2021, ENVIRIA was awarded the Hessian Founders' Award.</span></span></span></span></span></span></span></span></p><p><span lang="EN-US"><span><span><span>The ADVANT Beiten team headed by Partner Dr&nbsp;Christof Aha regularly advises innovative developers of renewable energy projects on project developments, joint ventures as well as project purchases and sales.</span></span></span></span></p><p><strong>Advisor ENVIRIA:</strong><br>ADVANT Beiten: Dr. Christof Aha, Mark Thönißen, Felix Busold, LL.M (all Corporate/M&amp;A, Frankfurt am Main) - together with Andreas Bodensohn, Capcora, als M&amp;A advisor.<br>Inhouse: Sindy Küllig</p><p><strong>Advisor Q ENERGY:</strong><br>Eversheds Sutherland: Dr. Martin Weitenberg, Joel-Fiete Feld<br>Inhouse: Christoph Jourdan</p><p><strong>Media Contact</strong><br>Frauke Reuther<br>Manager Kommunikation<br>ADVANT Beiten<br>+49 (69) 75 60 95 - 570<br><a href="mailto:frauke.reuther@advant-beiten.com ">frauke.reuther@advant-beiten.com</a></p><p><a href="https://www.advant-beiten.com/de/experten/dr-christof-aha" target="_blank">Dr. Christof Aha</a><br>Rechtsanwalt<br>ADVANT Beiten<br>+49 (69) 75 60 95 - 451<br><a href="mailto:christof.aha@advant-beiten.com">christof.aha@advant-beiten.com</a></p>]]></content:encoded>
                        
                            
                                <category>Corporate/M&amp;A</category>
                            
                                <category>Energy</category>
                            
                        
                        
                    </item>
                
            
        </channel>
    </rss>


