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Energy & Climate Change

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.

"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

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Energiespeicherung
Energy storage
Achieving zero greenhouse gas emissions requires a fundamental restructuring of the energy market, with energy storage playing a major role due to inc
Hy­dro­gen
En­ergy source of the fu­ture
21/04/2021
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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29/09/2022
European Com­mis­sion pro­poses emer­gency mar­ket in­ter­ven­tion to tackle high...
On 14 Septem­ber 2022, the European Com­mis­sion (“Com­mis­sion”) pub­lished a pro­pos­al for a Coun­cil Reg­u­la­tion on an emer­gency in­ter­ven­tion to ad­dress high en­ergy prices (“Pro­pos­al”). This emer­gency...
13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
10/08/2022
En­ergy – pun­it­ive in­terest where there is “Sig­ni­fic­ant Con­nec­tion with...
Sum­mary The Late Pay­ment of Com­mer­cial Debts (In­terest) Act 1998 im­plies a term in Eng­lish law con­tracts for the sup­ply of goods and/or ser­vices in the event of late pay­ment by the pur­chaser.  This ‘stat­utory...
04/07/2022
Sus­tain­able De­vel­op­ment Goals and Re­act­ive Leg­al Lim­it­a­tions Per­vade the...
On 24 June 2022, the 53 Con­tract­ing Parties of the En­ergy Charter Treaty (ECT), a key mul­ti­lat­er­al treaty pro­tect­ing cross-bor­der en­ergy in­vest­ments that was ori­gin­ally con­cluded in 1991, reached a tent­at­ive...
04/07/2022
En­ergy stor­age trends - Spot­light on Ger­many
In­vestor ap­pet­ite for the de­ploy­ment of en­ergy stor­age is con­tinu­ing, with Bloomberg pre­dict­ing in­stall­a­tions will reach a cu­mu­lat­ive 358GW/1,028GWh of non pumped hy­dro en­ergy stor­age by the end of 2030...
24/06/2022
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
26/05/2022
Schrems II: Re­ac­tions to the judge­ment and the su­per­vis­ory au­thor­it­ies'...
“Schrems II”: Opin­ions of the su­per­vis­ory au­thor­it­ies on Schrems II and re­com­mend­a­tions on the im­ple­ment­a­tion of the judge­ment in in­ter­na­tion­al data trans­fers On 16 Ju­ly 2020, the Court of Justice...
20/05/2022
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
18/05/2022
On-site power solu­tions
A guide for large en­ergy users Across Europe there is a clear and con­sist­ent trend for large scale com­mer­cial and in­dus­tri­al users of elec­tri­city ad­opt­ing on-site power solu­tions. This is the res­ult of a range of factors, in­clud­ing:re­new­able on-site gen­er­a­tion be­ing one of the most clear-cut ways to help “green” a site’s elec­tri­city sup­ply and help the com­mer­cial/in­dus­tri­al user achieve their cli­mate change tar­gets;on-site power solu­tions hav­ing the abil­ity to provide re­si­li­ence of elec­tri­city sup­ply dur­ing times of sys­tem out­age or con­straint;avoid­ance of the net­work and policy charges typ­ic­ally as­so­ci­ated with elec­tri­city taken from the grid; an­dthe com­mer­cial op­por­tun­it­ies from lever­aging flex­ible on-site power solu­tions to re­duce con­sump­tion from the grid and/or to ex­port elec­tri­city onto the grid.However, while such op­por­tun­it­ies mean that on-site power solu­tions are of­ten an at­tract­ive op­tion, on-site pro­jects will gen­er­ally come with a com­plex ar­ray of leg­al op­tions and con­sid­er­a­tions. These range from:the fun­da­ment­al point that such pro­jects in­her­ently in­volve par­ti­cip­a­tion in a typ­ic­ally heav­ily-reg­u­lated arena (and of­ten the back­drop of a set of reg­u­la­tions rap­idly evolving to keep pace with the sec­tor), toa range of pro­ject/agree­ment struc­tures and parties (without a “cook­ie cut­ter” ap­proach) in­volved in pro­ject own­er­ship, op­er­a­tion and elec­tri­city sale and pur­chase, with sig­ni­fic­ant co-de­pend­ence between such parties, toa gov­ern­ment policy con­text that (while at face value of­ten pro-green) is of­ten in­creas­ingly con­cerned about grid and policy charges be­ing avoided through these types of pro­ject and wishes to see all mar­ket par­ti­cipants pay­ing a per­ceived fair share of such costs. In this guide we provide an over­view of these chal­lenges and op­por­tun­it­ies in Europe, with a view to as­sist­ing you in re­view­ing, up­front, the key is­sues of­ten as­so­ci­ated with on-site power solu­tions of this nature. 
21/04/2022
En­ergy: Con­sequences of not ex­er­cising an op­tion
In Thurcroft Power Lim­ited v. Volta En­ergy Group Lim­ited [2022] EWHC 338 (Comm), the Com­mer­cial Court de­cided that an op­tion agree­ment con­cern­ing the early stages of a bat­tery stor­age de­vel­op­ment did...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...