Sustainable advice for a sustainable energy supply

Solaranlage und Windkraftwerk vor Bergen

TEAM

BRAHMS NEBEL & Kollegen and its lawyers specialise in energy law. As an interdisciplinary matter that intersects with general commercial law, corporate law, administrative law, construction law, public procurement law and energy tax law, our team is happy to assist you with any questions you may have.
learn more
Dr. Florian Brahms

Dr. Florian Brahms

Lic. en drt. fr. Lawyer Partner View profile

Dr. Julian Asmus Nebel

Lawyer Partner Licensed lawyer for administrative law View profile
catharina post

Catharina Post LL.M.

Lawyer Salary Partner Mediator View profile

Christian Frohberg

Lawyer Salary Partner View profile

Annika Semper

Lawyer View profile

Désirée Oberpichler

Lawyer View profile

Dr. Mirko Sauer

Lawyer View profile
Madita Schulze Rechtsanwältin BRAHMS NEBEL & Kollegen

Madita Schulze

Lawyer View profile

Britta Uhlmann LL.M.

Lawyer Specialist lawyer for administrative law View profile

Olga Peresetskaya

Lawyer View profile

Leonie Meltendorf LL.M.

Lawyer View profile

Dr. Patrick Schulz

Lawyer View profile

Dr. Jan Cöster-Kauhl

Lawyer View profile
Johannes Kauffmann

Johannes Kauffmann LL.M.

Lawyer of Counsel View profile

Svetlana Siegel

Paralegal and notary clerk View profile

Janine Sheerin

Paralegal and notary clerk View profile

Anja Schünemann

Proofreading, translations View profile
Liv Wehrhahn Profilbild

Liv Wehrhahn

Research assistant View profile

Sarah Laubscher

Research assistant View profile

David Roumegoux

Elève avocat (trainee lawyer) - Intern View profile

NEWS

Energy law is an interdisciplinary subject that intersects with general commercial law, company law, administrative law, construction law, public procurement law and energy tax law, among others. This area of law is subject to constant change. Please find our news below:
learn more
// Energy law

❌😣No privileged status for stand-alone battery storage systems

ℹ The privileged status that is dragged along allows a non-privileged project to be permitted in the outdoor area by way of exception if it is spatially and functionally connected to a privileged project - e.g. a PV or wind energy system. 📖 The privileged project pulls the non-privileged project behind it, so to speak. You could also say that the privileged project ‘piggybacks’ on the non-privileged project. Similar to a 𝗡𝗲𝗯𝗲𝗻𝗮𝗻𝗹𝗮𝗴𝗲, the part being pulled along must be subordinate to the privileged main project and serve it. Therefore, only ‘𝗯𝗼𝗱𝗲𝗻𝗿𝗲𝗰𝗵𝘁𝗹𝗶𝗰𝗵𝗲 𝗡𝗲𝗯𝗲𝗻𝘀𝗮𝗰𝗵𝗲𝗻’ can be pulled along - after all, who can piggyback on someone who is twice as heavy as themselves? 🛑 For this reason, a stand-alone battery storage unit can never represent a privilege that is pulled along. 𝗦𝘁𝗮𝗻𝗱-𝗔𝗹𝗼𝗻𝗲-𝗦𝗽…
read more
// Energy law

⁉️Privileging of outdoor battery storage systems? Today: The ‘usefulness’

🔋 Battery storage facilities can o̲h̲n̲u̲u̲n̲e̲g̲s̲p̲l̲a̲n̲n̲ ̲i̲m̲ ̲A̲u̲ß̲e̲n̲b̲e̲r̲e̲i̲c̲h̲ be erected if they ‘serve’ within the meaning of Section 35 (1) No. 3 BauGB - a term that is often misunderstood. 📶 The energy transition places high demands on our energy infrastructure. Many building authorities therefore require battery storage systems to be grid-friendly in order to be granted privileged authorisation. However, the ‘certificate’ from the grid operator that is then usually requested by the building authority is hardly ever issued, as grid serviceability is not a static condition: it is constantly changing and therefore does not represent a reliable basis for privileged authorisation under planning law. Although battery storage systems are capable of smoothing peak loads (‘peak shaving’), among other things, and can therefore be useful for the grid, this is not relevant under planning law. …
read more
// Energy law

📢 Battery storage systems and authorisations⚡🔋

Battery storage systems are playing an increasingly important role in the energy transition. But what about the necessary authorisations? 🔍 No BlmSchG procedure necessary: Contrary to what is often assumed, battery storage systems do not require a licence under the Federal Immission Control Act (BImSchG). Instead, only a building permit is usually required. 🌳 Planning law outdoor area: The granting of a building permit in an outdoor area depends on the privileged status of the battery storage system, which is currently not assessed uniformly in all municipalities. There are different views on the categorisation of battery storage systems, which is why argumentation skills are required here. 📜 Development plan: In some cases, a development plan can regulate the permissibility of battery storage systems. It is therefore worth checking the plan carefully! 🏗️ Large storage systems: For large systems, especially if a transformer statio…
read more

LECTURES

Below is a list of upcoming events of our colleagues in energy law. Under the following link you can get an overview of our lecture activities. You are welcome to request us for lectures, presentations, or in-house seminars in our areas of expertise.
learn more
// Webinar

Large-scale battery storage – design & marketing

Online seminar: Large-scale battery storage - design & marketing
read more
// Webinar

Understanding and utilising heritable building rights

polis Forum, Understanding and using heritable building rights - management options for sustainable neighbourhood development
read more

Publications

Our team regularly publishes on current issues in energy law and related areas of law in journals, commentaries and books. In this way, we contribute significantly to the scientific development of the legal field and can comment on current topics efficiently and substantially for our clients.
learn more

‘Wind energy law – Planning. Advise. Enforce.’ by Brahms & Post

Autor: Dr. Florian Brahms // Catharina Post LL.M.

Wind energy law handbook
learn more

‘Wind energy law – Planning. Advise. Enforce.’ by Brahms & Oberpichler

Autor: Dr. Florian Brahms // Désirée Oberpichler

Wind energy law handbook
learn more

‘The privileged status of battery storage systems in outdoor areas under building planning law’ by Nebel & Schulz

Autor: Dr. Julian Asmus Nebel // Dr. Patrick Schulz

ER 2024, 238-241
learn more

CONTACT

Do you have any questions or would you like to arrange a consultation? Then contact us via the contact form or call us on: +49 (0)30 5 156 565 0

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.