Energy

Unlocking potential,
generating added value.

When it comes to energy supply issues, both specialist expertise in energy law and in-depth industry knowledge are required. Here at GSK Stockmann, we have it both. We advise energy suppliers, project developers, investors and local authorities in all areas of energy law (EnWG (i.e. “Energiewirtschaftsgesetz” or “Energy Industry Act”),

EEG (i.e. “Erneuerbare-Energien-Gesetz” or “The Renewable Energy Sources Act”), KWKG (i.e. “Kraft-Wärme-Kopplungsgesetz” or “Combined Heat and Power Act”), StromStG (i.e. “Stromsteuergesetz” or “Electricity Tax Act”, etc.).

Main areas of expertise

We provide our clients with legally sound, economic and practicable solutions. This applies to project developments as well as to the drafting of contracts, regulatory issues and judicial and extrajudicial disputes.

Operators of onshore and offshore wind farms as well as photovoltaic plants rely on a timely grid connection. We advise on the assertion of grid connection claims as well as on grid optimisation, improvement and expansion obligations.

We advise project developers on expansion projects relating to the transmission and distribution grid and support them in approval procedures (in particular, planning approval procedures in accordance with the EnWG – the German Energy Industry Act, etc.) as well as property possession, expropriation and compensation procedures. At the same time, legally sound and practicable solutions are also required to enforce the rights of project developers.

We advise our clients on funding  under the Renewable Energy Sources Act (EEG) and the Combined Heat and Power Act (KWKG). In addition, we provide assistance to our clients with the tendering procedures for EEG and KWKG plants.

We examine the regulatory obligations of the Energy Industry Act (EnWG) on behalf of our clients and design energy supply models in accordance with the regulatory requirements. The focus here is on energy suppliers, customer systems and indoor installations.

Being able to advise on the award of concessions for the operation of local electricity and gas networks requires special expertise in the area of network operation and performance, and specific procurement law under the Energy Industry Act (EnWG). We provide comprehensive advice and if necessary, represent our client’s interests in court proceedings.

Various self-supply models are fully or partially exempt from the renewable energy surcharge (EEG-Umlage) and electricity tax. We advise our clients on the conditions under which they can benefit from the exemptions (in particular with regard to existing installations, renewal, replacement and legal succession).

We advise our clients in connection with the Special Compensation Scheme. For this purpose, we will also provide support during the application process via the responsible Federal Office of Economics and Export Control (BAFA). In case a dispute arises between the parties, we represent our clients in legal proceedings before the Administrative Court.

When drawing up contracting models, in addition to expertise in energy law (including heat law/general terms and conditions for the supply of district hearing (AVBFernwärmeV), comprehensive knowledge of the legal framework of real estate law as well as tenancy law is required. In such cases, we work together with specialists from other fields of law, leveraging our ability to draw on extensive experience. In this way, our clients receive practical solutions from one single source.

We draft, review and negotiate energy supply contracts (electricity, gas, heat). This also includes Power Purchase Agreements (PPAs) as a promising form of marketing for renewable energies.

We are familiar with the regulatory legal framework for e-mobility and the installation of charging stations. We advise various players such as charging station operators, municipalities and the real estate industry on the planning and construction of charging station, grid connection and operation, including tariff structuring.

We provide advice to our clients on electricity and energy tax law. The focus is often on tax exemptions, under which energy products can benefit from tax advantages.

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© GSK Stockmann 2020

* Partner: A partner within the meaning of the partnership company law.
   Local Partner: not a partner within the meaning of the partnership company law.
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