Energy & Infrastructure

We provide a full range of services in the energy sector.

Thought leaders in the energy sector (for example in new mobility, hydrogen and LNG)

Law Firm of the Year for Regulated Industries 2018 and nominated as Law Firm of the Year for Regulated Industries 2021, JUVE Awards

Broad experience of dealing with regulatory instruments and political decision-making processes

The economy and society are in the grip of unprecedented changes. Climate change, decarbonisation and sustainability are having an ever greater effect on your business decisions. As thought leaders and pioneers in the energy sector, we help you recognise opportunities and potentials, work out strategies and establish new business models.

When it comes to topics such as hydrogen, new mobility, PPAs and LNG that are highly relevant today, our team is there from the start playing a formative role. Central government and regional ministries frequently rely on our expertise to advise them on the legal aspects of transformative processes in the energy industry. We use the in-depth understanding of the regulatory framework and political decision-making processes we have gained from this to your advantage.

Finally, we help you master the challenges involved in securing energy supplies. You can count on our years of experience in advising energy utilities and energy-intensive companies.

Our services

Renewable energy

Advising on planning, commissioning and acquiring renewable energy facilities (including offshore wind, onshore wind and PV)
Representing clients in planning approval and permitting procedures and before the administrative courts
Providing comprehensive advice on tenders on the basis of the German Offshore Wind Energy Act
Advising and representing clients in legislative and consultative procedures for renewable energy facilities
Assisting in communication with the public, authorities and legislative bodies (governmental affairs)
Advising on and negotiating project financing agreements
Drafting, reviewing and negotiating construction contracts
Advising on all aspects of operation (such as redispatching, direct marketing, PPAs, and invoicing and payment issues)
Advising federal and state ministries on all aspects of managing the expansion of renewable energy

New mobility & E-fuels

Advising on establishing the necessary charging infrastructure for electric vehicles
Helping clients market GHG quotas for electric vehicles
Providing wide-ranging advice on constructing battery factories and recycling batteries from electric vehicles
Advising and representing clients on all aspects of CO2 pooling
Advising on setting up hydrogen filling station infrastructure
Advising on project-related specifications, patent and trade mark law, and technology and product safety
Advising on procurement law issues in connection with the acquisition of more energy-efficient vehicles
Advising on all aspects of sector coupling and smart cities

Hydrogen

Providing the full range of legal advice on planning and commissioning facilities for producing green and blue hydrogen
Assisting in the decarbonisation of industrial processes
Advising on carbon contracts for difference
Helping implement power-to-X projects
Advising on subsidy and state aid issues and compliance with the terms and conditions of state aid
Advising on the regulation of hydrogen networks
Drafting, reviewing and negotiating contracts in the field of production and supply of hydrogen
Advising on the use of gas cavern storage for storing hydrogen
Advising on R&D projects and cooperation agreements
Advising on forming, financing and selling start-ups and on acquiring companies in the hydrogen sector

Energy supply & energy trading

Reviewing, drafting and negotiating electricity, gas and LNG energy trading contracts
Advising on regulatory requirements for energy trading (e.g. REMIT, EMIR)
Advising on contracts regarding accounting and portfolio management services
Drafting supply contracts for electricity, gas and district heating, including general terms and conditions
Providing wide-ranging advice on the cap on electricity and gas prices
Reviewing, drafting and negotiating contracting, in-house power generation and tolling strategies
Devising solutions for reducing energy price components (such as electricity and energy tax)

Gas supply, storage and LNG

Advising and representing clients on the failure to comply with gas supply contracts
Reviewing gas supply contracts in relation to rights to terminate or amend
Providing detailed advice on the German Energy Security Act and the rights of the state to intervene based on it
Advising on the acquisition and operation of gas storage facilities
Drafting and negotiating contracts on the use of storage capacity in gas storage facilities
Advising and representing companies in planning approval and permitting procedures for construction of LNG terminals
Advising on joint ventures and cooperation agreements involving the planning and commissioning of LNG terminals
Advising on the planning and commissioning of floating LNG terminals (FSRUs)

Energy, litigation & arbitration

Advising and representing clients in all forms of dispute resolution in the energy sector
Representing clients in arbitration proceedings (institutional/ad hoc) and at hearings before the state courts
Acting for clients in investment protection arbitration on the basis of the Energy Charter Treaty and bilateral investment protection treaties
Helping to select and optimise or standardise dispute resolution rules
Providing clients with support in legal actions in connection with valuation matters and developing customised litigation strategies
Defending clients against climate-related legal actions

Infrastructure transactions, finance & restructuring

Advising on all aspects of company acquisitions and project-related rights in the energy and infrastructure sectors
Carrying out regulatory due diligences
Planning and negotiating general and project-related joint ventures and cooperation agreements
Providing wide-ranging support services during grid or network acquisitions
Advising on compliance with foreign trade and sanctions requirements when making investments in critical infrastructure
Developing financing structures and negotiating credit facility agreements
Valuing companies, generating installations, grids and networks
Advising on ESG and taxonomy compliance within the scope of transactions
Providing broad-based advice to companies undergoing reorganisation or restructuring

Energy networks, network regulation & concessions

Assisting in authorisation and planning procedures for enlarging grids
Advising on the implementation of unbundling requirements for grid/network operators and storage facility operators
Advising on proceedings regarding abuse of a dominant position and against orders by the regulators
Providing support on all aspects of network tariff regulations, especially incentive regulations
Advising companies on defending themselves against regulations affecting their area, site and works grids and networks
Assisting in special grid-use scenarios (e.g. pooling, individual network tariffs, power supply equipment for sole use)
Advising on newly awarded electricity and gas concessions and planning of cooperation models
Advising on preparing bids for concession contracts and investment models
Marketing and protecting innovations and products in the fields of “smart grids” and “smart metering”

Climate protection & ESG

Providing detailed advice on the Federal Climate Change Act and the implications arising from the Act
Monitoring legislative processes at the European and international level
Advising energy and industrial companies and airlines on the German Greenhouse Gas Emissions Trading Act
Advising on the handling of national fuel emissions trading (German Fuel Emissions Trading Act)
Defending clients against official penalties imposed on parties subject to reporting requirements and the requirement to surrender emissions certificates
Advising on monitoring and reporting matters (carbon compliance)
Advising on CO2 trading in regulated emissions trading (EUA, CER) and in voluntary emissions trading (VER)
Providing in-depth advice on ESG and taxonomy compliance

Selected projects

Alte Leipziger/Hallesche Leben
Advising a fund managed by life insurance company Alte Leipziger/Hallesche Leben on the acquisition of an interest in the Veja Mate offshore wind farm 
Ampyr Solar
Advising on a strategic cooperation agreement with Commerz Real’s fund KlimaVest regarding the development, construction and commissioning of large-scale photovoltaic projects in Germany
BayWa AG
Advising BayWa on the sale of TESSOL Kraftstoffe, Mineralöle und Tankanlagen GmbH, a fuel company that operates over 150 AVIA-brand filling stations, to the AVIA Group
BS|ENERGY
Advising on the sale of the company’s Mehrum coal-fired power station to Czech utility EPH
Federal Ministry for Digital and Transport
Carrying out supporting legal research on “smart mobility” (especially the “sector coupling” of energy and transport) within the scope of the Ministry’s funding programme for electric mobility model regions
Federal Ministry for Economic Affairs and Climate Action
Advising on a legislative package intended to reorganise funding for nuclear waste management and on establishing a fund in the form of a public foundation
Federal Republic of Germany
Representing the Federal Republic of Germany in ICSID arbitration proceedings against Austrian investors from the Strabag Group. The arbitration involves alleged claims under the Energy Charter Treaty connected to the development of the legal framework for offshore wind farms and is the third ever ICSID arbitration case against the Federal Republic of Germany. Representing the Federal Republic of Germany in ICSID arbitration proceedings against Irish investors from the Mainstream Renewable Group. The arbitration involves alleged claims under the Energy Charter Treaty and is the second ICSID arbitration case brought against the Federal Republic of Germany in connection with the offshore wind industry.
CommerzReal AG
Advising on a bidding contest for a 49% minority interest in district heating company STEAG Fernwärme GmbH
Compleo Charging Solutions AG
Advising Compleo, a leading European full-service provider of charging technology, on its IPO and subsequent capital increases
entega
Providing wide-ranging advice on the corporate restructuring of the networks division of the ENTEGA Group and a possible investment by the local authority
Eon
Advising and acting on behalf of the electric utility company in a large number of proceedings in and out of court regarding the awarding of concessions
Gasum Oy
Advising the gas group Gasum on its strategic acquisition of Linde AG’s LNG and natural gas logistics divisions in Norway and Sweden by means of a carve-out and share deal
Gotion High-Tech
Advising on the acquisition of one of Bosch’s facilties, which Gotion High Tech (whose main shareholder has been Volkswagen since May 2022) will be converting to a lithium-ion battery assembly facility
Hesse Ministry of Economic Affairs, Energy, Transport and Housing as well as the regional councils of Kassel, regional council of Giessen and regional council of Darmstadt
Advising and representing the regional councils (planning agencies) and the Ministry in 27 judicial review proceedings (principal and summary proceedings), including conciliation proceedings before Kassel Higher Administrative Court, as well as in the planning procedure and supplementary procedures relating to the planning and management of increased wind power use at state and regional level in the state of Hesse
Howden Group Limited
Advising in connection with the acquisition of Balcke-Dürr Rothemühle from the listed Mutares Group. The company is a key supplier of parts for nuclear power plants in Germany
Iberdrola Renovables
Advising on the planning and commissioning of several offshore wind farms in the German EEZ (including Wikinger, Baltic Eagle and Windanker)
Kingdom of the Netherlands
Representing the Kingdom of the Netherlands in two proceedings before Cologne Higher Regional Court of Appeal under section 1032(2) German Code of Civil Procedure in connection with two ICSID arbitration proceedings initiated by RWE AG and uniper SE asserting alleged claims under the Energy Charter Treaty
MET Holding AG
Advising the company on its takeover of the gas storage business of Gas-Union GmbH, a subsidiary of Leipzig-based gas trading group VNG
Liwathon E.O.S
Advising the oil terminal operator on its takeover of Shell’s holding in the PCK refinery
Nature Infrastructure Capital (NIC)
Providing broad-based advice on the acquisition of MaxSolar GmbH. NIC acquired the company jointly with listed Portuguese renewable energy company Greenvolt as a bidding consortium in a competitive bidding process
Open Grid Europe
Representing the company in eight appeal proceedings before the German Federal Court of Justice regarding the German Federal Network Agency’s REGENT und AMELIE decisions
Plenium Partners
Advising on the acquisition of five solar farms in Spain. The seller is investment management company KGAL GmbH & Co. KG based in Grünwald in Southern Germany
Re-Wind
Setting up a PE fund containing a portfolio of wind turbines for repowering
SAIC Motor Corporation Limited
Providing extensive advice on planning and implementing a three-year European pool of non-affiliated car manufacturers with Volkswagen AG in order to comply with CO2 fleet limits
SAIC Motor Europe B.V.
Providing wide-ranging advice on establishing sales structures in Europe, particularly Germany, as part of the launch of new MG electric vehicles (new vehicles and spare parts)
SL Windenergie GmbH
Providing ongoing advice on a large number of planning, approval and legal proceedings concerning the establishment of onshore wind farms in Germany
steag
Advising the guarantor in the successful conclusion of a new financing agreement with power company steag
Swisspower
Advising Swisspower on the acquisition and establishment of onshore wind farms in Germany on a regular basis
Thüringer Stadtwerke
Providing the public utility company Thüringer Stadtwerke with legal and tax advice in a joint venture with TEAG Thüringer Energie AG
UniCredit Bank
Advising UniCredit Bank AG in its role as the bookrunner, documentation agent and ESG coordinator in an ESG-linked syndicated finance agreement for VARTA AG containing bullet and revolving credit facilities worth €235,000,000
Veolia Deutschland
Assisting in a bidding process regarding the sale of a 24.8% share in BS|Energy
Volta Charging
Advising on contract drafting in connection with the installation and operation of charging points for electric vehicles in Germany

Your contacts

Show team

Christof Federwisch+49 69 971477446 +49 211 49986170

Katrin Andrä+49 30 20942321

“Whether grid infrastructure or offshore wind farm: In the energy sector, Noerr managed many transaction projects. (…) the law firm that has mastered the entire repertoire of energy law like no other.”

JUVE Awards nomination 2021

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