Dr. Achim Compes
Partner
Energy Law
The energy sector is constantly undergoing changes. Play an active role in shaping the energy transition with us.
The energy sector is constantly undergoing changes. The process of switching from centralised, conventional energy supply to decentralised energy supply based on renewable energies creates challenges for all market players.
This is accompanied by far-reaching reforms to the underlying legal conditions that will permanently change the energy sector even in the future.
Projects for change – play an active role in shaping the energy transition with us.
Customised solutions for your project
With our decades of experience in the energy sector, we support you in actively shaping the energy transition and successfully implementing your projects.
As a full-service law firm, we can guarantee you comprehensive advice. Our established team includes specialists in energy law as well as experts in the fields of corporate law, taxes, financing, plant engineering, approval processes, procurement law and litigation.
Project development
One of our specialisations is legal assistance for energy production and storage systems. We can advise you in the implementation of offshore and onshore wind farms, hydroelectric power plants, photovoltaic plants and biomass plants, as well as power storage and gas storage facilities. In this process, we assist you from the very first ideas and the operational phase through to decommissioning the plant.
Advice regarding regulatory frameworks
We will support you with the market integration of electricity from renewable energy sources, alternative electricity marketing concepts (e.g. PPAs, white label concepts) and regulatory matters associated with decentralised energy supply concepts (energy supply, contracting and tenant electricity models).
M&A transactions
Our experts will advise you during the acquisition and sale of plants in the energy sector. We structure the acquisition or sale process, conduct due diligence reviews, inspect and negotiate company acquisition agreements (share or asset deals).
Our advisory specialisations:
Energy production and storage
- Development and support of projects in the field of renewable energies (offshore and onshore wind farms, photovoltaic, hydroelectric power and biomass plants) as well as cogeneration plants
- Development and advice for energy and gas storage projects
- Preparation, review and negotiation of concepts for plant construction (contracts for engineering, procurement, construction, general contractors, maintenance and management)
- Advice for financial assistance, particularly according to the German Renewable Energy Sources Act (EEG) and the German Combined Heat and Power Act (KWKG)
- Support of tendering processes for EEG and KWKG plant.
- Advice and arrangement of decentralised energy supply concepts (concepts for contracting, tenant electricity and district electricity)
- Assertion of and defence against warranty claims and claims for compensation of damages
Grids and infrastructure
- Preparation, review and negotiation of grid connection and grid usage contracts
- Advice for all matters of grid connection regulation
- Reduction of grid fees and charges with respect to companies incurring high power costs and in specific connection situations
- Concession procedures
- Advice for operators of closed distribution grids and customer systems
- Implementation of unbundling requirements
- Concession fees and concession contract law
Energy sale and energy trading
- Preparation, review and negotiation of energy, gas and heat supply contracts, fuel contracts and direct marketing contracts
- Preparation, review and negotiation of PPAs for marketing power obtained using renewable energies
- Control reserve marketing
End consumers of power (taxes, levies and charges)
- Advice for companies incurring high power costs to restrict EEG charges according to the stipulations of the special equalisation scheme
- Advice regarding self-supply scenarios
- Reduction of grid fee-related charges and levies (concession levies, charges acc. to Sec. 19 of the German Electricity Network Charges Ordinance (StromNEV), acc. to Sec. 18 of the German Ordinance on Interruptible Loads (AbLaV), acc. to the KWKG, acc. to the EEG, offshore liability charges)
- Power and energy tax law
Mergers & acquisitions
- Structuring and support of M&A transactions
- Conducting due diligence reviews in the area of renewable energies (onshore and offshore wind farms, photovoltaic, biomass and hydroelectric power plants) as well as infrastructure projects
- Preparation, review and negotiation of company purchase agreements (SPA or APA)
Litigation and representation vis-à-vis government agencies
- Energy-related legal disputes before ordinary courts and courts of arbitration (DIS, ICC)
- Misuse proceedings vis-à-vis regulatory authorities
- Advice and representation of energy-intensive companies in dealings with the German Federal Office of Economic Affairs and Export Control
- Approval procedures with the licensing authorities