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Energy & Climate Change

Germany

For many sectors worldwide, smart management of energy and raw materials is a factor which drives innovation and growth. Market players are faced with politically motivated measures and regulatory requirements as well as geopolitical risks and new technologies.

Our Energy team combines comprehensive know-how in all relevant legal areas with profound, real-world industry knowledge. This enables us to provide our clients with proven expertise across the entire spectrum of the energy sector. Our lawyers are familiar with the specific challenges around energy in all areas from upstream to downstream. Furthermore, CMS was one of the very first law firms to engage with the emerging fields of smart energy and eMobility and has advised some of the leading players on pilot projects and new business models.

We liaise closely with our clients to ensure that innovative products are legally compliant, to handle investments, optimise structures from a tax perspective, manage risks and resolve conflicts. Our pragmatic and cost-effective advice has earned us a reputation as a pioneer in energy law.

Comprehensive support

Our clients rely on the advice provided by our interdisciplinary team across many different areas, including in particular:

  • Plant construction
  • Mining law
  • Climate change (fossil fuel phase-out, network expansion, etc.)
  • Digitisation and decentralisation (smart energy)
  • eMobility
  • Energy trading & energy contracts
  • Energy competition law
  • Energy regulation
  • Energy storage
  • Energy law
  • Renewable energy projects, incl. project finance
  • Concession contracts
  • Alliances, mergers and acquisitions, the sale of companies and holdings, etc.
  • Power purchase agreements
  • District and neighbourhood solutions
  • Environmental and planning law
  • Procurement law

In addition, the Energy team in Germany is part of CMS’ international Energy team. This provides access to extensive expertise and allows cross-border collaboration in all areas of the energy and climate change sector.

Meet our experts for energy and climate change here.

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Mai 2020
Block­chains in der En­er­giewirtschaft
Block­chains und an­dere so­genan­nte Dis­trib­uted-Ledger-Tech­no­lo­gi­en (DLT) bi­eten eine völ­lig neue Art der Daten­ver­arbei­tung. Durch den Ver­zicht auf den In­ter­mediär und durch die dezen­t­rale Speicher­ung von Daten führen sol­che Tech­no­lo­gi­en zu mehr Ver­tra
17/03/2020
En­ergy for your suc­cess
For many sec­tors world­wide, smart man­age­ment of en­ergy and raw ma­ter­i­als is a factor which drives in­nov­a­tion and growth. Mar­ket play­ers are faced with polit­ic­ally mo­tiv­ated meas­ures and reg­u­lat­ory re­quire­ments as well as geo­pol­it­ic­al risks and new te

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02 October 2020
Belt and Road Ini­ti­at­ive
China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve, of­fer­ing new op­por­tun­it­ies for na­tions, com­munit­ies and busi­nessesIt is now ex­pli­citly aligned with many areas that are in­creas­ing pri­or­it­ies for in­ter­na­tion­al busi­nesses, such as ESG prin­ciples and sus­tain­ab­il­ity. But in 2020 it faces un­pre­ced­en­ted head­winds, in­clud­ing the glob­al pan­dem­ic and trade dis­putes.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it.This ma­ter­i­al is the found­a­tion of our new re­ports on BRI, cov­er­ing top­ics such as:The im­pact of Cov­id-19 on BRID­if­fer­ent views of BRI among Chinese and in­ter­na­tion­al par­ti­cipant­s­Joint ven­tures and part­ner­shipsProb­lems ex­per­i­enced in BRI pro­ject­s­Key risks and risk mit­ig­a­tion­BRI dis­pute res­ol­u­tion and ar­bit­ra­tionESG, sus­tain­ab­il­ity and BRI­Belt and Road 2.0The Di­git­al Silk Road  and the Health Silk RoadThe pro­spects for BRI after 2020Our find­ings from China and Asia Pa­cific re­gion are avail­able now.Re­ports on Cent­ral and East­ern Europe, the Middle East, Africa and Lat­in Amer­ica will be pub­lished in the com­ing months.me­di­um me­di­um me­di­um me­di­um me­di­um me­di­um 
08 September 2020
CMS Ex­pert Guide to Hy­dro­gen
23 October 2020
The EU FDI Reg­u­la­tion be­comes fully ap­plic­able
The EU FDI Reg­u­la­tion, which came in­to force in April 2019, in­tro­duces a frame­work for screen­ing FDI in­to the EU. It is not a sep­ar­ate new screen­ing tool at EU level, but a frame­work for co­oper­a­tion and...
22/09/2020
CMS ad­vises NORD Hold­ing on ac­quis­i­tion of com­pressor man­u­fac­turer Bock
NORD Hold­ing has ac­quired all the shares in the Bock Group. An in­ter­na­tion­al CMS team headed by lead part­ner Klaus Jäger ad­vised NORD Hold­ing on all leg­al as...
08 July 2020
CMS Ex­pert Guide to cli­mate change tax re­forms and in­cent­ives
12 October 2020
Oil & Gas / Ship­ping: what loss does de­mur­rage li­quid­ate?
In K Line Pte Ltd v. Pri­minds Ship­ping (HK) Co Ltd (Etern­al Bliss) [2020] EWHC 2373 (Comm), the Com­mer­cial Court has taken the op­por­tun­ity to re­solve a “long-stand­ing un­cer­tainty on a point of law” in...
29 July 2020
CMS En­ergy & Cli­mate Change Glob­al Ex­per­i­ence
With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its Lon­don centre of ex­cel­lence, the prac­tice works across 75 of­fices glob­ally.CMS teams now work in every corner of the sec­tor across the globe to help it meet the de­mands of cli­mate change, tech­no­lo­gic­al dis­rup­tion, urb­an­isa­tion in de­vel­op­ing eco­nom­ies, so­cial con­cerns and polit­ic­al agen­das.Be­low you will find some of our ex­per­i­ence across the globe. Please get in touch with our ex­perts in your jur­is­dic­tion.Please also see our Hot Top­ics for the En­ergy Trans­ition pub­lic­a­tion.
27 May 2020
CMS Ex­pert Guide to con­sequen­tial loss in the en­ergy sec­tor
Are you look­ing for in­form­a­tion on con­sequen­tial loss in the en­ergy sec­tor? This CMS Ex­pert Guide provides you with everything you need to know.
08 October 2020
Ger­many tries again to rat­i­fy Uni­fied Pat­ent Court-Agree­ment
A bill for ap­prov­al of the Agree­ment on the Uni­fied Pat­ent Court (UPCA), le­gis­la­tion that would al­low Ger­many to rat­i­fy this con­ven­tion and to par­ti­cip­ate in this in­ter­na­tion­al pat­ent court sys­tem, was...
29 July 2020
Hot Top­ics for the En­ergy Trans­ition
With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its centres of ex­cel­lence such as Lon­don and Ab­er­deen, the prac­tice works across 75 of­fices glob­ally.Our early work in design­ing and im­ple­ment­ing mod­ern en­ergy mar­kets and sub­sequently guid­ing the sec­tor in the push to de­car­bon­isa­tion means CMS is not only a trans­ac­tion­al or pro­ject ad­viser to the sec­tor, but uniquely placed to help shape its present and fu­ture. We can help by giv­ing you our ad­vice and com­pre­hens­ive know­ledge on the top­ics lis­ted be­low.Please also see our CMS En­ergy Glob­al Ex­per­i­ence pub­lic­a­tion.
15 May 2020
CMS Ex­pert Guide to re­new­able en­ergy law and reg­u­la­tion
Are you look­ing for in­form­a­tion on re­new­able en­ergy law and reg­u­la­tion? This CMS Ex­pert Guide provides you with everything you need to know.
04 September 2020
Ger­many: Min­istry's draft bill for Pat­ent Law Mod­ern­isa­tion Act in­cludes...
Is this the end of "auto­mat­ic in­junc­tions" for pat­ent in­fringe­ment in Ger­many? On 1 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion presen­ted the min­istry's draft bill (Ref­er­enten­ent­wurf)...