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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
  • Hydrogen

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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"In the energy sector, very broad and integrated setup from regulatory and M&A to financing and environmental and planning law."

JUVE German Commercial Law Firms 2021 (GCLF)

"Leading energy practice frequently seen assisting clients with large renewable projects, advising on all aspects and stages of the process. Particular expertise in the offshore wind and photovoltaic sectors, where the team predominantly advises on high-value financing and M&A transactions."

Chambers Europe, 2020

"They provide professional services, look into every detail and provide advice within a short time.", client

Chambers Europe, 2020

„CMS bietet ein breit gefächertes Beratungsspektrum im Bereich der Erneuerbaren Energien, das neben der Beratung zu Offshore-Windparks auch Expertise in Gas-to-Power-Projekten, Traktionsbatterien und Energie aus Wasserstoff umfasst. [...] das Team ist durch die breite Aufstellung der Kanzlei auch in der Lage, souverän zu Finanzierungen, Transaktionen, arbeitsrechtlichen Fragen und immobilienrechtlichen Aspekten zu beraten.“

The Legal 500, 2020
Hy­dro­gen
En­ergy source of the fu­ture
April 2021
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...

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23 April 2021
The Road to COP26: Our 101 on COP26
COP26 is sched­uled to take place from Monday 1st Novem­ber – Fri­day 12th Novem­ber 2021 in Glas­gow. It was ori­gin­ally in­ten­ded to take place last Novem­ber but was post­poned due to COV­ID-19.  It brings...
April 2021
Leg­al and reg­u­lat­ory frame­work for elec­tri­city stor­age in Ger­many
Stor­age of elec­tric­al en­ergy is a key ele­ment in build­ing an elec­tri­city mar­ket that aims to even­tu­ally gen­er­ate power solely from re­new­able sources. En­ergy stor­age fa­cil­it­ies per­form a buf­fer func­tion...
April 2021
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...
21 April 2021
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. Our find­ings from China, Asia Pa­cific, Cent­ral and East­ern Europe, Middle East, North Africa re­gion and Lat­in Amer­ica are avail­able now.Re­port on Africa will be pub­lished in the com­ing months.me­di­um­me­di­um­me­di­um­me­di­um­me­di­um­me­di­um
26 March 2021
Oil & Gas / Ship­ping – The Ever Giv­en
The Suez Canal opened in 1869. Along with the Panama Canal, it is one of the most im­port­ant mari­time “short­cuts” ever built. Today, the canal is 193km (120 miles) long and is one of the busiest wa­ter­ways...
18 March 2021
The Value and In­teg­ra­tion of Biod­iversity in Busi­ness De­cision Mak­ing
The Re­view of The Eco­nom­ics of Biod­iversity by Pro­fess­or Sir Partha Dasgupta com­mis­sioned by the UK Treas­ury was pub­lished on 2 Feb­ru­ary 2021[1]. The Re­view was tasked to as­sess the eco­nom­ic be­ne­fits...
03 March 2021
Draft Amend­ment to En­ergy Act re­gard­ing the reg­u­la­tion of hy­dro­gen net­works
On 10 Feb­ru­ary 2021 the Ger­man gov­ern­ment passed the draft of an amend­ment to the En­ergy Act which con­tains new pro­vi­sions for the reg­u­la­tion of hy­dro­gen net­works. The pur­pose of the amend­ment to the...
01 March 2021
The Glob­al Sul­phur Ban – One Year On
Since 1 March 2020 all mar­ine ves­sels have been sub­ject to a ban from car­ry­ing on board high sul­phur mar­ine fuel oil (“HSFO”) with sul­phur con­tent great­er than 0.50% un­less they have a ‘scrub­ber’...
24/02/2021
CMS ad­vises EnBW on in­vest­ment by Com­merz Real in port­fo­lio of 14 on­shore...
Stut­tgart – EnBW En­er­gie Baden-Württem­berg AG has sold 49.9% of the shares in a port­fo­lio com­pris­ing 14 on­shore wind farms with 47 wind tur­bines and total out­put of 133 MW to Com­merz Real’s Klimavest...
12/02/2021
CMS again ad­vises EnBW AG on sign­ing long-term power pur­chase agree­ment...
Ham­burg – En­ergy group EnBW En­er­gie Baden-Württem­berg AG has signed a 15-year power pur­chase agree­ment (PPA) with wind en­ergy pro­ject de­veloper En­er­giekon­tor AG. The sol­ar park in the mu­ni­cip­al­ity...
09 February 2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
13 January 2021
EU­'s Por­tuguese pres­id­ency re­leases new draft of ePri­vacy Reg­u­la­tion
On 5 Janu­ary 2021, the Coun­cil of the EU – with Por­tugal serving as the Pres­id­ent-in-Of­fice – re­leased a new draft ver­sion of the ePri­vacy Reg­u­la­tion, which is meant to re­place the ePri­vacy Dir­ect­ive...