The rapid changes in the energy market triggered by the phasing out of nuclear energy have meant that energy providers, network operators and investors are currently facing a number of new challenges, including legal challenges. There are, however, also great opportunities for new players in this sector of the market.
For many years, our team has advised and represented network operators, energy providers, wind and solar power providers, as well as project planners and financers of energy plant projects. One of our main areas of focus is the provision of advice to operators of renewable energy sources, in particular wind park projects and solar power plants. In addition to our legal expertise, we also have a comprehensive understanding of the technical and economic issues faced by network and plant operators, project developers and investors. The intensive cooperation between our commercial law, construction law and public law departments has been key to the success of our energy law team.
Even before the project implementation stage begins, we provide advice to both clients and bidders on the award of contracts for large-scale projects; we also deal with review procedures. For many years we have advised a large number of clients on the implementation of energy plant projects. Our services also include the drafting of cross-border construction and project agreements, as well as joint venture agreements. In the event of disputes, we regularly represent and advise our clients in court and arbitration proceedings. Dr. Preu also acts as an arbitrator (for instance in ICC and DIS arbitration proceedings, as well as ad hoc).
Past court and arbitration proceedings have dealt with:
- The forwarding of EEG reallocation charges to businesses in the manufacturing industry
- Proceedings on the pooling assessment of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Rail (BNetzA) and exemption from the payment of network charges
- Adjustment of gas prices for special commercial customers
- Extraordinary termination and contractual amendments (modifications) to gas supply contracts
- Disputes relating to energy storage contracts
- Disputes arising in the context of energy contracts, e.g. energy supply contracts, gas storage contracts