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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‘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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‘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:
polis 01/2025, p. 44 ff.
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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
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‘The ECJ judgement on the grid regulatory classification of customer installations’ by Nebel
The future scope for the implementation of decentralised
decentralised supply and neighbourhood conceptsAt first glance, the ECJ ruled in its judgement of 28 November 2024 – Case C-293/23 that the definition of customer premises in Section 3 No. 24a of the German Energy Industry Act (EnWG) is not in line with EU law. It is clear that the ruling is fundamental for the implementation of decentralised supply and neighbourhood concepts and that German regulatory law now needs to rethink how it deals with unregulated small grids.
Autor:
Issue 02/2025 of the utility industry, p. 33 - 37
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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:
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:
polisKLUGHEIT 04/2024, p. 54
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‘Wind energy law – Planning. Advise. Enforce.’ by Brahms & Post
Turning point
Onshore wind turbines are a key pillar in the expansion of renewable energies in Germany. The legal requirements are complicated and scattered across many laws.Wind energy law handbook
The new handbook deals with the legal problems relevant in practice in detail and up to date.Comprehensive
Everything you need to know about the planning, realisation and operation of wind turbines in one volume:- Energy law, building law, environmental and nature conservation law, monument protection and aviation law
- Civil and company law
- Financing and collateralisation aspects
- Public procurement, tax and insolvency law
The new cross-sectional handbook discusses the typical issues surrounding land acquisition, authorisation, plant maintenance, insurance, due diligence, funding and marketing. The authors present balanced solutions to pressing issues, incorporate economic aspects and anticipate problem situations.
Up to date
The EEG 2023 and the amended building planning law are fully taken into account.Autor:
Wind energy law handbook
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‘Wind energy law – Planning. Advise. Enforce.’ by Brahms & Oberpichler
Turning point
Onshore wind turbines are a key pillar in the expansion of renewable energies in Germany. The legal requirements are complicated and scattered across many laws.Wind energy law handbook
The new handbook deals with the legal problems relevant in practice in detail and up to date.Comprehensive
Everything you need to know about the planning, realisation and operation of wind turbines in one volume:- Energy law, building law, environmental and nature conservation law, monument protection and aviation law
- Civil and company law
- Financing and collateralisation aspects
- Public procurement, tax and insolvency law
The new cross-sectional handbook discusses the typical issues surrounding land acquisition, authorisation, plant maintenance, insurance, due diligence, funding and marketing. The authors present balanced solutions to pressing issues, incorporate economic aspects and anticipate problem situations.
Up to date
The EEG 2023 and the amended building planning law are fully taken into account.Autor:
Wind energy law handbook
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‘The privileged status of battery storage systems in outdoor areas under building planning law’ by Nebel & Schulz
In this article, we address the central question of how battery storage systems, as a key technology for the energy transition, can be legally privileged in outdoor areas. 🌱⚡
The article sheds light on this:
👉 The legal challenges in outdoor areas.
👉 The role of battery storage for a sustainable energy supply.
👉 Possible solutions on how building planning law can be applied in a sustainable way.
Battery storage systems are an indispensable component of the energy transition. Privileging them under planning law can decisively advance the expansion of renewable energies. 🚀
Autor:
ER 2024, 238-241