Publications
Publications of our lawyers
Energy law is an interdisciplinary subject that has intersections with general commercial law, company law, administrative law, construction law, public procurement law and energy tax law, among others.
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“Investing under time pressure” by Meltendorf
Anyone wishing to benefit from the grid fee exemption for battery storage systems, which remains in force for the time being, must make a final investment decision quickly. Lawyer Leonie Meltendorf explains the conditions that apply – and which issues have still not been fully clarified.
Autor:
pv magazine, Issue 03/2026, pp. 52–55
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“Retrospective adjustments to grid connection conditions by grid operators – possibilities and limitations” by Brahms
When grid operators are permitted to retrospectively amend connection conditions for renewable energy and storage projects whilst the procedure is still ongoing – and where their legal limits lie.
Autor:
ree Renewable Energy Law, 03/2026, pp. 130–134
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Not yet built, but already ‘in existence’? by Schulz
Autor:
EWeRK 2026, Issue 2, p. 44-48
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‘On proceedings for abuse under Section 31 of the Energy Industry Act (EnWG) in relation to conduct by a network operator that has ceased’ by Demirel
Federal Court of Justice, Order of 23 September 2025 – EnVR 72/23
On abuse proceedings under Section 31 of the Energy Industry Act (EnWG) in respect of conduct by a
network operator that has ceased; with commentaryAutor:
REE 01-2026, p. 26
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‘The separation wastes potential’ by Behr
Green and grey electricity storage: Current legislation treats green electricity storage similarly to renewable energy plants, whereas grey electricity storage is treated like a fossil fuel power plant when feeding into the grid. This is inappropriate, concludes lawyer Leonie Behr.
Autor:
pv magazine, Issue 01 / 2026
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‘Outdoor battery storage – The odyssey of privilege’ by Schulz
Autor:
ER Journal for all aspects of energy law practice. Issue 1.26, p. 3 ff.
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‘Addressees of the Energy Efficiency Act’ by Nebel & Jope (external)
The Energy Efficiency Act (EnEfG) contains a large number of obligations for companies, but does not itself define what is meant by a company; there is no legal definition of this key term in the Act. It is therefore unclear which companies are actually addressed and obligated by the Energy Efficiency Act. The following article concretises the term ‘company’ in the Energy Efficiency Act by means of the terminology in the Energy Services Act (EDL-G), on the basis of EU law and in contrast to the complementary term ‘public body’.
Autor:
ER Energierecht May 2025, p. 110 - 113
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‘Flexible grid connection agreements in the EEG and the EnWG’ by Brahms and Schulze
As part of the grid connection of electricity generation or storage systems, such as systems for the
generation or storage of electricity from renewable energies within the meaning of Section 3 No. 1 EEG
2023 (RE plants) and electricity storage systems, there are currently bottlenecks in grid connections.
In particular, the expansion of renewable energy plants is proceeding faster than the necessary grid expansion
so that there are considerable waiting times for obtaining a grid connection
and the available grid connection points are regularly further away from the plant location.
from the plant location. In order to meet this challenge and speed up the grid connection, there is a need for
legal changes are needed, among other things, to increase flexibility. In the EnWG and
new regulations on the agreement of flexible grid connection agreements between grid operators and plant
between grid operators and system operators, which, among other things, allow the connection of
several systems to a grid connection point with a capacity that exceeds the connection capacity.
capacity. The addition to Section 17 (2b) EnWG and Section 8a EEG 2023 was made
in implementation of Art. 6a of the amended Internal Electricity Market Directive.Autor:
ER Energierecht Mai 2025, p. 97 - 103
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‘KWKG amendment 2025 – transitional solution through new funding periods’ by Meltendorf & Schulze
Essay on the topic: KWKG amendment 2025 – transitional solution through new funding periods
Autor:
EWeRK issue 6/2024, p. 199 ff.
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‘Authorisation procedure for battery storage systems and substations: legal framework and demarcation issues’ by Schulz
The importance of battery energy storage systems (BESS) for the energy transition is growing – but their approval process raises many questions. 🏗️⚡
When might a planning permission not be required? Does the Federal Immission Control Act (𝗕𝗜𝗺𝗦𝗰𝗵𝗚) apply? Is an environmental impact assessment (𝗨𝗩𝗣) to be carried out? And how is the specialised planning of energy industry law (𝗘𝗻𝗪𝗚) to be taken into account – especially if a transformer station and high-voltage lines are planned in addition to the BESS?Autor:
ER EnergieRecht March 2025, p. 62 - 67