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.
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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

Julian Arnold

Lawyer View profile

Annika Semper

Lawyer View profile

Désirée Oberpichler

Lawyer View profile
Madita Schulze Rechtsanwältin BRAHMS NEBEL & Kollegen

Madita Schulze

Lawyer View profile

Dr. Tina Ines Schmidt

Lawyer View profile

Ricardo Pols

Lawyer View profile

Britta Uhlmann LL.M.

Lawyer Specialist lawyer for administrative law 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

Sibylle Schmeling

Paralegal and notary clerk View profile
Liv Wehrhahn Profilbild

Liv Wehrhahn

Research assistant 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:
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// Energy law

OLG Frankfurt am Main Judgment of 29.11.2022

The Higher Regional Court (OLG) of Frankfurt am Main ruled in its decision of 29.11.2022 (Ref.: 11 U 110/18 (Kart)) that an energy supply company that does not operate a customer facility but an energy supply network (consisting of a transformer station and low-voltage lines with branches) has no claim under Section 46 (1) sentence 1 EnWG to conclude a simple rights of way agreement with the municipality. In the context of the examination of whether an abuse of a dominant position by a company pursuant to Section 19 (2) GWB exists, the evaluations of Sections 1, 46 (1), 2 EnWG must be observed. Pursuant to § 46 para. 1 EnWG, the municipalities have to make their public transport routes available for the laying and operation of lines for the direct supply of final consumers in the municipal area on a non-discriminatory basis by contract. The three pipelines in dispute serve to supply more than 250 households, which are distributed over several individual …
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// Energy law

BGH judgement of 16 September 2022

In its judgement of 16 September 2022, published on 7 November 2022, the Federal Supreme Court (BGH) ruled that if, in a condominium complex with different equipment for recording consumption, the proportional consumption of one or more user group(s) has not been pre-recorded with a separate heat meter, contrary to § 5 (2) sentence 1 of the Heating Costs Ordinance (HeizkostenV aF), the billing of heating costs is generally in accordance with proper administration if the consumption is determined by way of a mathematically correct calculation of the difference, taking into account the determined consumption data. It was not possible for the V. Civil Senate to make its own decision on the merits of the case because further findings by the Court of Appeal were required (§ 563 para. 3 ZPO). In the course of this, the case was referred back to the Düsseldorf Regional Court for a new hearing and decision, including on the costs of the appeal proceedings. BGH,…
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// Energy law

Transfer of losses from commercial activity to the otherwise asset-managing activity of a civil-law partnership (GbR)

In its ruling of 30 June 2022, published on 27 October 2022, the IV Senate of the BFH, abandoning the legal opinion expressed in its ruling of 12 April 2018, IV R 5/15, BFHE 261, 157, BStBl II 2020, 118, marginal no. 34 et seq. on section 15(3) no. 1 EStG old version. The Federal Tax Court (Bundesfinanzhof, BFH) ruled, in accordance with the interpretation of the law advocated by the Federal Tax Court, that losses from a commercial activity (in the case in question, losses from the operation of a photovoltaic system) do not preclude a reclassification of the otherwise asset-managing activity of a GbR if the so-called de minimis threshold is exceeded. The lateral effect of § 15, para. 3, no. 1, sentence 1, alternative 1 and sentence 2, alternative 1 EStG in the version of the WElektroMobFördG (EStG n.F.) is not to be restricted for mixed-activity asset-managing partnerships to a greater extent than has been the case to date for mixed-activity self-employe…
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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.
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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.
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“Operation of charging columns in municipalities” by Oberpichler

Autor: Désirée Oberpichler

polisMOBILITY 01/2023, p. 72 ff.
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„ «Rote Plakette» for Germany’s air pollution control – Local air protection in the field of tension between European and German law” by Uhlmann

Autor: Britta Uhlmann LL.M.

in: sui-generis 2018, p. 443
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“Count water sensibly – and pay less. Proposal to avoid unreasonably high costs through changes to the measurement and calibration law for water meters”. by Uhlmann

Autor: Britta Uhlmann LL.M.

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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

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