Publications

‘Sustainable smart city concepts’ Legal contribution by Großmann

CITIZEN PARTICIPATION AND LEGAL INFLUENCE

The transformation towards sustainable and digitally connected cities, known as smart cities, is one of the key challenges of modern urban development. Legislators are pursuing the goal of integrating environmental sustainability, efficient use of resources and digital innovations into an overall urban development concept. Smart city concepts encompass not only the construction of climate-friendly buildings and the expansion of sustainable mobility, but also the networking of data streams and infrastructures.

polis EINFLUSS, 03/2025, p. 42

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‘On the collection of a construction cost subsidy (BKZ) for the grid connection of battery storage systems’ by Behr & Brahms

When implementing battery storage projects,
connecting the storage facility to the electricity grid represents a significant
cost factor. The grid operator can initially
demand reimbursement of the costs incurred in establishing the
grid connection itself (connection costs). In addition,
grid operators regularly charge battery storage operators
construction cost subsidies (BKZ)
to cover the expenses incurred for the
construction or reinforcement of the grid’s distribution facilities.
[…]

Autor: Leonie Behr // Dr. Florian Brahms

CuR, 03-2025, pp. 97–103

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‘Contract term and termination exclusion clauses in the usage agreement for the construction and operation of wind turbines’ by Oberpichler & Semper

Federal Court of Justice, judgment of 12 March 2025, ref. XII ZR 76/24: Contract term and termination exclusion clauses in the usage agreement for the construction and operation of wind turbines

Autor: Désirée Oberpichler

EWeRK 2025, Issue 3, p. 112 ff.

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‘Battery storage as a generation plant within the meaning of Section 18 (1) sentence 1 StromNEV – Payment of avoided grid fees for decentralised feed-in from electricity storage facilities’ by Brahms & Behr

Federal Court of Justice, ruling of 26 November 2024, ref. EnVR 17/22: Battery storage as a generation plant within the meaning of Section 18(1) sentence 1 StromNEV – payment of avoided grid fees for decentralised feed-in from electricity storage facilities

Autor: Dr. Florian Brahms // Leonie Behr

EWeRK 2025, Issue 3, p. 102 ff.

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‘Battery storage and “service” within the meaning of Section 35(1)(3) of the German Building Code (BauGB) – The fairy tale of grid serviceability’ by Schulz

Autor: Dr. Patrick Schulz

Journal for German and International Construction and Public Procurement Law (ZfBR), 2025, pp. 429–433

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‘Euphoria as a driver of the urban energy transition’ by Oberpichler

Legal contribution // How green cities can become economic success stories.

Autor: Désirée Oberpichler

polis EUPHORIE 02/2025, p. 42

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‘Deep Dive on OOP for the sustainable development of energy projects’ by Brahms

The challenges facing local authorities are manifold. They range from strained public budgets and demographic trends to an increasingly ageing population, the call to adapt urban development to climate change, as well as how to deal with increasing migration and the slow progress of digitalisation. These effects are directly visible to citizens in very different forms, such as dilapidated roads, bridges or rail networks. It remains to be seen whether this situation will develop sustainably and positively for local authorities due to the debt policy that is now in place. However, public-private partnerships (PPPs for short), which can accelerate processes and structures, are a good way of increasing local authorities’ long-term ability to act.

Autor: Dr. Florian Brahms

polis 01/2025, p. 44 ff.

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‘Legal issues regarding the development of regulation of the H2 sector in Germany and France’ Interview with Brahms

👉 The legal issue, developments in regulations on the H2 chain in Germany and France: a long interview with Dr Florian Brahms, head of the law firm BRAHMS NEBEL & KOLLEGEN, a law firm specialising in energy law based in Berlin and Hamburg. He also looks back on the need for support for companies in partnerships at various levels of the value chain.

Autor: Dr. Florian Brahms

HYDROGENIUM No. 21 / 2025, p. 12-13

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‘Wisdom in the energy transition’ by Schulz

THE BOLD APPLICATION OF THE SET AS A KEY FACTOR FOR SUSTAINABLE DEVELOPMENT
The energy transition is one of the greatest social challenges of our time. It requires not only a switch to renewable energies, but also the expansion of an infrastructure that maximises their efficiency. Battery storage systems play a key role in this. Regulatory authorities are often sceptical about this technology. This slows down progress and hinders the goal of a climate-neutral energy system.

Autor: Dr. Patrick Schulz

polisKLUGHEIT 04/2024, p. 54

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“Adjustments to the price change provisions in the planned amendment to the AVB District Heating Ordinance 2024” by Nebel & Sauer

Two years to the day after the Federal Ministry for Economic Affairs and Climate Protection (BMWK) announced the prospect of an amendment to the Ordinance on General Terms and Conditions for the Supply of District Heating (AVBFernwärmeV) and had already prepared a draft bill2 , a new draft bill (as of 25.07.20243), some of which has been significantly amended compared to the previous edition, is now to be used as the basis for another comprehensive amendment to the AVBFernwärmeV (hereinafter AVBFernwärmeV-E).
The first consultation with the federal states and associations has already taken place. Following a second round of consultations, the draft is to be submitted to the Federal Cabinet in late summer 2024. It is expected to come into force at the end of 2024.
This article deals with the planned new regulations for the drafting and amendment of price change clauses in Sections 24 and 24a AVBFernwärmeV-E 2024.

Autor: Dr. Julian Asmus Nebel // Dr. Mirko Sauer

Issue 10/2024 of the Versorgungswirtschaft

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