Find Lawyers in Germany for Energy Law

Practice Area Overview

Energy law deals with all legal matters surrounding the generation, transfer, storage, distribution, sale and trade of energy. It is a “law field” that encompasses conventional fossil fuels such as coal and gas as much as it does renewable energies. In Germany, renewable energies that bear central significance in practical terms primarily comprise solar radiation energy as well as wind energy. As such, energy law is a law field characterized by a periphery of copious special laws and regulations, which lately have been subject to continuous, comprehensive amendments and likely to remain so in the future, given our steadily advancing state of technology. Not only should energy law consultants have expert knowledge of the (latest) energy laws in Germany, particularly those enacted under the country’s Renewable Energy Law (EEG) and Energy Industry Act (EnWG), they should furthermore have expert knowledge in the fields of construction law, land law, tenancy law as well as corporate and contractual law – especially if their services include the legal support of projects for the generation, storage and transmission of energy. Particularly in light of the everchanging priorities behind government funding programs for renewable energy projects, it is imperative to have a thorough understanding of current legislation, government agencies as well as ongoing legislative proceedings.

In everyday practice, advisory services in the energy law field typically include the following:

• Legal advice regarding site selections (conventional and regenerative energy projects alike);
• Legal interpretation issues involving government project funding programs (for example, EEG conformity reports for project sites and facilities, interpretation of remuneration level based on EEG guidelines);
• Legal advice on company formations and corporate structuring for the purpose of implementing energy projects;
• Legal advice for investors on the acquisition of renewable energy projects and for project owners on the sale thereof, specifically, the implementation of legal due diligence processes and legal support in the negotiation and conclusion of contracts;
• Legal advice for project developers (for example, for the provision of permits, contract drafting/ negotiations, drafting/reviewing land purchase/lease agreements, easements and contract drafting/negotiations related to facility construction/maintenance);
• Drafting/negotiating energy supply contracts, raw materials supply contracts, product supply contracts and service agreements;
• Client representation (both in and out of court) in liability cases or other legal disputes;
• Anti-trust consulting;
• Legal advice on equity procurement (incl. sales prospectus drafting) and external financing for projects (loan agreements, collateral agreements, etc.);
• Legal advice on concession awards and the approval of grants.

Energy law consultants should be experts with special know how in all legal areas associated with energy law. That said, regardless of special knowhow, taking a collaborative work approach especially when dealing with complex projects is a must if you’re interested in offering first-rate individual law consulting.

Maximilian Burger, Partner
Related Practice Areas: Environmental Law, Mining Law
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