Energy

We are full of energy.
To turn headwinds
into tailwinds.
Marcus Peter, Partner

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 in the energy sector 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 at GSK Stockmann develops reliable and practicable solutions for different legal aspects arising within the energy sector. Our advice focuses particularly on energy production, grid expansion as well as grid operation and energy supply. Furthermore, we offer legal 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 a profound understanding of the industry, long-standing experience and outstanding legal skills. Relying on our specialists in all major fields of law connected to the energy industry we are able to offer comprehensive solutions from a single source.

Finally, the environmental sustainability element (being part of the ESG discussions) has to be considered more and more when rendering legal advice in the energy sector. Our team continuously informs and educates itself with view to these developments in order to guide clients also with view to this topic.

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

Our focus relates to the following energy sector elements.

Renewable energies play a major role in the energy transition. 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 familiar with all relevant aspects of 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 have expertise in newer instruments 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).

Finally, we offer our clients advice and support when planning and realising conventional power plants (such as gas or steam power plants), including grid connection, and advise 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 our energy team 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 (such as 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. 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

We advise and support grid operators, network users and local governments on all aspects of grid operation (electricity, gas, water, heating/cooling).

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 provides 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 and nursing homes, amongst others). We also provide legal services to companies in energy-intensive sectors seeking to reduce their grid fees, EEG (Erneuerbare Energien Gesetz – Renewable Energy Law) 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

Key areas of expertise

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

We regularly support clients with M&A transactions in the energy sector. For example, we help strategic investors and financial investors pertaining to the acquisition or sale of shares in companies managing conventional power stations, wind parks (e.g. in Germany and in Greece) and other renewable energy sites. The advice covers due diligence elements, negotiating of the respective documentation, contact with respective authorities as well as assisting in closing elements of transactions. Upon completion of the acquisition we continue assisting clients with regard to operational aspects of the ongoing activities of the acquired target. Overall we assist in the following areas:

Corporate
M&A
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

We have extensive experience with project financing in the energy sector. Through each and every phase of project financing, our financing team offers legal advice to financial institutions, financial services providers, leasing and insurance companies, major market players and private equity investors. We advise on the structure of financing and the selection of the best financing tools possible (such as loans and/or capital market instruments) as well as on the preparation of the necessary financing documents. In the field of financing, our advisory services focus particularly on the following areas:

Financial regulation
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 sector makes us a reliable business partner to our national and international clients 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 (Erneuerbare Energien Gesetz – Renewable Energy Law) contributions
Dispute resolution

Your contacts.

Understanding your perspective. And finding the best solution. This is our mission:

Dr Marcus Peter, LL.M. eur.

Partner

+352 271802-50

marcus.peter@gsk-lux.com

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