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BRAHMS NEBEL & KOLLEGEN is actively participating in the 33rd Wind Energy Days in Potsdam. As experts in renewable energy law, we are contributing extensively to the technical discussions: We are moderating three expert forums. Our lawyers are also participating in three additional forums. We look forward to exchanging ideas on the latest developments in the wind energy industry! All information about the event can be found on the Wind Energy Days website.

We are very pleased: Our colleague Dr Mirko Sauer has been named ‘Best Lawyers: Ones to Watch’ in energy law in the renowned Best Lawyers Ranking 2025, published by Handelsblatt. The award recognises his particular expertise and commitment in energy law, a key field for companies in the energy and climate transition. 🔎 Are you looking for expert legal advice in energy law? Get in touch with us now - we will be happy to advise you.

‘Deep dive on OPP for the sustainable development of energy projects’ Legal contribution by Dr Florian Brahms

‘KWKG amendment 2025 - transitional solution through new funding periods’ by Meltendorf & Schulze

⚖️ On March 12, 2025 (ref. XII ZR 76/24), the BGH made an important ruling on the design of the contract term for usage contracts for wind turbines: ⏳ If the parties link the start of the contract term to an uncertain event - such as the commissioning of the last planned wind turbine in a wind farm - this is a condition precedent within the meaning of Section 158 Paragraph 1 BGB. The contract is then already binding, but the fixed contract term only begins when the condition occurs. In this case, the term until the condition occurs is indefinite and the usage contract can generally be terminated by ordinary termination in accordance with Section 542 Paragraph 1 of the German Civil Code (BGB). ❗ Practical relevance of the judgment: Even if the contract is open-ended before the condition occurs, the ordinary right of termination can be effectively excluded (including through implied contractual provisions). The Federal Court of Justice recogniz…

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�…