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

Annika Semper

Lawyer View profile

Désirée Oberpichler

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

Dr. Mirko Sauer

Lawyer View profile

Leonie Meltendorf LL.M.

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

Judit Hideg

Secretarial staff 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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// Solar energy

Solar Package I adopted by the Federal Government

The Solar Package I was passed by the Federal Government. The law to increase the expansion of photovoltaic energy generation is to be debated in the Bundestag in autumn and enter into force at the beginning of 2024. In order to accelerate the expansion of photovoltaics and to reduce bureaucracy, the cabinet envisages the following concrete measures: 1. acceleration of PV expansion 2. nature conservation and agriculture 3. stronger support for innovative PV systems 4. reduction of bureaucracy for balcony PV and tenant electricity 5. obligation to tolerate the laying of cables Further information in the article by the federal government. Photo: IMAGO/U. J. Alexander
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Solaranlage und Windkraftwerk vor Bergen
// Energy law

Guideline of the Federal Network Agency is only a pronouncement of an authority

In its ruling of 03.05.2023, the Higher Regional Court of Düsseldorf decided that if the end consumer has already operated an electricity generation plant as a self-generation plant before 1.09.2011 and consumes the electricity generated in this way itself, it is an (older) existing plant with the consequence that the electricity generated with it is not covered by the EEG levy. This applies regardless of whether the consumption sites supplied with the generated electricity were already supplied from the self-generating plant before the statutory cut-off date. The wording, history, systematics and purpose of the exemption regulations do not provide any indication of a restriction based on the consumption site. Furthermore, the 'Guideline on #own supply' of the Federal Network Agency from July 2016 is not binding for the interpretation of the law, as it neither represents a determination nor has the character of an administrative regulation. (OLG Düsseldo…
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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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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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“Accelerating the energy transition through open regulations” by Nebel

Autor: Dr. Julian Asmus Nebel

polisURBAN DEVELOPMENT 01/2023 p.60 f.
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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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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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