Energy

Superbly networked and full of energy.
Our contribution to an electrifying field.
Claudia Busch, lawyer

Mergers & acquisitions, financing, dispute resolution – if it impacts the energy industry, then our cross-sectoral experts have it covered.

Turning headwinds into tailwinds.

Market players across the board currently face two challenges: the shift from conventional energy production to renewable energy sources, and an increasingly decentralised energy supply. At the same time, power grids have to be expanded in order to ensure a successful energy transition. Digitalisation further accelerates the change in the energy sector.

The Energy team of GSK Stockmann develops legally reliable and practicable solutions for all legal aspects of the energy sector. Our advisory services focus particularly on energy production, grid expansion as well as grid operation and energy supply. Furthermore, we offer legal advice and support regarding the acquisition and sale of power plants as well as financing, regulatory aspects and energy-related legal disputes.

Our approach is based on an in-depth understanding of the industry, long-standing experience and outstanding legal skills. With specialists in all major fields of law connected to the energy industry, we are able to offer comprehensive solutions from a single source. Our motivation: Your goals are our benchmark. Your perspective.

Electrifying! Few industries are subject to such dynamic change as the energy sector.
We support the market with both diametrical opposites: conventional and regenerative energy.

Markets in focus

If you want to make the most of every opportunity for growth across the board, top-notch support is a crucial ingredient. Our bundled expertise in all sectors and markets is the answer.

Renewable energies play a major role in the energy transition, as does the necessary storage technology. The Energy team at GSK Stockmann regularly supports clients with comprehensive legal advice on projects involving onshore and offshore wind energy, solar energy and biomass power plants. The same applies to energy storage technology, which is becoming increasingly important in renewable energy projects. While keeping in mind the applicable regulatory requirements, we are able to create and develop the best possible structure for each project.

We are not only highly familiar with all relevant aspects in accordance with the Renewable Energy Act and the Combined Heat and Power Act, such as grid connection, grid feed-in, direct marketing and financial support. We also establish new instruments for our clients such as Power Purchase Agreements for renewable energy plants. In addition, we advise on general contractor agreements, plant engineering construction contracts (construction and subcontracting agreements) and O&M agreements (commercial and technical management).

Further, we offer our clients advice and support when planning and realising conventional power plants (e.g., gas or steam power plants), including grid connection, and advisee on the process of acquiring or selling a power plant company and/or a virtual slice of power plants.

In the fields of energy production and energy storage, our legal advisory services focus particularly on the following areas:

Energy
Public law / regulatory law
Planning regulations, public building law & environmental law
Plant engineering
Project development
Corporate law
M&A
Financial regulation
Finance
Dispute resolution
Tax law, including energy and electricity tax law

A particular focus of the Energy team at GSK Stockmann lies on grid and power line expansion projects. We support project sponsors and licensing authorities with legal advice on national and international natural gas pipeline projects (e.g., Nord Stream 1 and 2), ultra-high voltage grids, distribution grids and district heating pipelines.

We provide our clients with legal advice on regional and federal planning procedures; we also support project sponsors and regulatory bodies during applications for planning permission or approval for grid expansion projects. In cases where rights of use for the requisite land cannot be obtained by private contract, we represent project sponsors in expropriation procedures and allocation of property / grant of possession proceedings.

We provide consulting services in the field of network and line expansion, where we focus in particular on the following areas:

In the field of grid and power line expansion, our advisory services focus particularly on the following areas:

Energy
Public law / regulatory law
Planning regulations, public building law & environmental law
Plant engineering
Project development
Dispute resolution
Procurement law & state aid law

Our advisory services start with the construction or acquisition of a grid and the tendering of right of use or concessions for the operation of grids. Furthermore, our legal services include all grid-related questions which arise during operation (drafting, examining and negotiating contracts for grid connection and grid usage, plus all other regulatory issues concerning grid connection). In addition, we offer advice and support on regulatory issues concerning closed distribution grids, customer plants and non-regulated indoor systems.

In the field of grid operation, our advisory services focus particularly on the following areas:

Energy
Public law / regulatory law
Public services concessions and usage rights
Dispute resolution

The Energy team at GSK Stockmann also focuses on offering advice and support on energy supply strategies (electricity, gas, heating, cooling) for residential properties, commercial premises, holiday parks and industrial plants.

Further, we develop supply strategies for project developers and contractors, and offer support in negotiating the necessary contracts (supply agreements, lease/rent contracts, operating agreements, easements). We offer legal advice to property owners or developers on energy supplies to commercial buildings as well as to special residential forms (micro apartments, student residences, nursing homes, etc.). We also provide legal services to companies in energy-intensive sectors to reduce their grid fees, EEG (renewable energy) contributions, electricity taxes and VAT.

In the field of energy supply, our advisory services focus particularly on the following areas:

Energy
Public law / regulatory law
Land and property law
Planning regulations, public building law& environmental law
Plant engineering
Project development
Dispute resolution
Tax law, including energy and electricity tax law

We provide advisory services to ECS (Electronic Charging Station) providers, local authorities and the real estate industry on all questions concerning electric vehicles and the development of an ECS infrastructure. Our services include advice and support on planning and constructing ECS, connection to the grid, and daily operation, including pricing policies.

In the field of electric vehicles, our advisory services focus particularly on the following areas:

Energy
Public law / regulatory law
Pricing and calibration
Planning regulations, Public building law & environmental law
Plant engineering
Project development
Land and property law
Tax law, including income tax benefits and special regulations

Your contacts.

Understanding your perspective. And finding the best solution. That is our mission (from left to right):

Dr. Stefan Geiger

Partner*

+49 40 369703-37

stefan.geiger@gsk.de

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Sören Wolkenhauer, LL.M.

Local Partner*

+49 40 369703-0

soeren.wolkenhauer@gsk.de

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Key areas of advice

The right experts for every challenge, the perfect team for every client: we focus on the elements that drive your success.

We support you through all stages of your M&A transactions in the energy sector – from due diligence and negotiating contracts to sign-off and closing – providing legal advice and expertise to both strategic investors and financial investors on the acquisition and sale of investments in power plants.

With regard to transactions in the energy sector, our advisory services focus particularly on the following areas:

Corporate
M&A
Energy
Public law / regulatory law
Tax law, including tax-optimised transaction structures
Financial regulation
Finance
Planning regulations, public building law & environmental law
Plant engineering
Project development

Our specialist lawyers support you in all aspects of project financing in the energy sector. Whether you are using project finance or acquisition finance, bonds or alternative financing models: we advise on the structure of financing and the best financing tool possible for your project as well as on the preparation of all the necessary financing documents.

Financial regulation
Financing
Energy
Public law / regulatory law
Corporate
M&A
Tax law, including energy and electricity tax law
Planning regulations, public building law & environment law
Plant engineering
Project development
Dispute resolution

In the event of legal disputes in the energy sector, our in-depth understanding of the industry enables us to resolve conflicts by developing strategies which correspond to our clients’ business goals. Our interdisciplinary expertise and long-standing experience in the energy sector makes us a reliable business partner to our national and international clients with in-depth legal and economical understanding and allows us to proactively identify, avoid and resolve potential or existing legal disputes.

When resolving disputes in the energy sector, we focus particularly on the following:

Developing strategies to avoid disputes
Negotiating with contractual partners
Representation in public courts
Representation during arbitration proceedings
Alternative dispute resolution strategies (mediation, conciliatory proceedings, adjudication, arbitration)
Assertion of claims during foreclosures
Providing support in anti-trust proceedings against regulatory authorities
Conducting negotiations with the Federal Office of Economics and Export Control on behalf of energy-intensive companies to reduce EEG (renewable energy) contributions
Dispute Resolution

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