AssmannPeiffer, Kanzlei für Energierecht, berät zum Energiewirtschaftsgesetz

Energy Industry


The basis for the energy law doctrine is the German Energy Industry Act (EnWG). In the field of general energy law, we advise clients on the following topics:

• Network connection according to the Energy Act (German EnWG), inter alia, grid connection procedures, cost sharing according to GasNZV and StromNZV, enforcement of network connections, defence against claims for construction costs (Baukostenzuschüsse), grid connection agreements.
• Network access according to the Energy Act (German EnWG), inter alia, grid usage contracts for gas and electricity, review and optimization of grid fees, balancing of energy transports.
• Advice on the German balancing energy market (electricity), particularly on setting up a virtual power plant solution (prequalification procedure et al.)
• Grid fees and statutory charges in energy trading and energy transportation: exemptions from the Renewable Energies Act levy (EEG-Umlage), optimisation of the additional electricity costs (Stromnebenkosten), for example, legal opinions on the calculation of grid fees for industrial network customers.
• Advice for energy-intensive companies on grid fees (exemptions from electricity grid fees according to Section 19 (2) sentence 2 StromNEV; recognition as non-standard grid user in the sense of Section 19 (2) sentence 1 StromNEV; other special forms of grid usage; pooling of access points to the electricity network according to Section 17 (2a) StromNEV).
• Assessment and structuring of models of on-site generation of electricity in multi-party houses and other models of decentralized energy supply.
• Optimization of energy supply concepts (designing private network systems outside the regulated grid system, cf. Section 3 No. 24 a/b EnWG and partially regulated closed distribution systems, cf. Section 110 EnWG).
• Realization of Power-to-Heat systems (P2H) for negative control energy.
• Representation before the Federal Network Agency (Bundesnetzagentur) and the German State Regulatory Authorities (Landesregulierungsbehörden) as well as in follow-up proceedings before state courts.
• Procurement law: conducting tendering procedures for energy procurement by the contracting authorities.
• Network concessions: expert assessment of concession issues; supporting and conducting concession procedures (electricity, gas and heat).
• Civil-law liability for damages of network operators in connection with violations of obligations to provide grid connections.
• Legal opinions on issues concerning the energy- and electricity tax law and proceedings with the German Main Customs Office (Hauptzollamt).