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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.

"Im Energiesektor war kaum eine Kanzlei zuletzt so sichtbar wie CMS, die mit ihrer breiten Abdeckung des Markts sowohl regulator. als auch im Finanzierungs- u. Transaktionsgeschäft zur Marktspitze gehört."

JUVE Handbuch, 2023/2024

„Die Praxis bestätigt u. festigt im Energiesektor ihre Spitzenposition, die sich auch auf das Finanzierungs- u. Transaktionsgeschäft der Kanzlei bezieht.“

JUVE Handbuch, 2022/2023

"The CMS team has extensive wind farm experience, including regulatory issues and financing."

The Legal 500, 2023

"As a leading energy practice, CMS is in a prime position to handle a broad array of mandates from regulatory to transactional. Power plant constructions and network expansions involving planning approval processes and procurement procedures are regularly handled by the firm. CMS is also held in high esteem for its strength in contentious mandates, often representing prominent clients in front of all court levels. Equally, clients benefit from the team's strength in the regulatory aspects of novel mobility concepts and contract negotiations as well as investment agreements. Further expertise lies in the acquisition, sale and joint venture set-ups as well as spin-offs and investments concerning renewable energy assets, especially offshore wind farms. Its clientele ranges from prestigious and international energy providers to network operators and start-ups."

Chambers Europe, 2023
Energy source of the future
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...
Energy Storage
Achieving zero greenhouse gas emissions requires a fundamental restructuring...


Renewable energy in Germany
1. Introduction  The expansion of renewable energies plays a central role in Germany's energy transition (Energiewende), aiming to combat climate change, ensure a sustainable energy supply and reduce...
The sum of parts: Registered design for segments of towers found valid...
BackgroundTA Towers ApS (“TA Towers”), a company based in Denmark, is the holder of the below registered Community design relating to goods for building materials, specifically, ‘building materials...
CMS advises on project financing for land-based terminal in Stade
Hamburg – Hanseatic Energy Hub GmbH (HEH) has achieved financial close for the project financing to develop and realise the planned terminal for liquefied gases in Stade. Total investment is some EUR 1.6 billion. Achieving financial close represents a major milestone for Hanseatic Energy Hub GmbH’s land-based terminal.A multi-dis­cip­lin­ary and multi-location CMS team headed by Dr Hilke Herchen and Dr Holger Kraft advised Hanseatic Energy Hub GmbH on developing the project and on preparations to secure the project financing. This included corporate law advice with a particular focus on developing and optimising corporate governance, and on the associated links to the project financing. This advice marks a continuation of the existing close cooperation between HEH and CMS. The CMS team has been providing advice on an ongoing basis since the start of the project, with support for project development around corporate, operation & maintenance and real estate matters in particular. This has included advising on various shareholders joining the project, with a recent example being Enagás S.A. as industrial partner in June 2023. The CMS team conducted a comprehensive due diligence check to put the project financing on a solid footing. The first expansion phase of the project will see an emission-free terminal begin operating in 2027. Its infrastructure is also approved for bio-LNG and synthetic natural gas (SNG). At a later stage, the project will be switched over to hydrogen-based energy carriers such as ammonia. The planned regasification capacity is 13.3 billion cubic metres per year and the send-out capacity is 21.7 gigawatt. From March 2024 until the onshore terminal becomes operational, Hanseatic Energy Hub GmbH will also accommodate one of the five FSRUs (Floating Storage and Regasification Units) chartered by the German federal government. CMS Germany Dr Hilke Herchen, Lead Partner Dr Holger Kraft, Lead Partner Matthias Sethmann, Principal Counsel Dr Luise Pelzer, Counsel Dr Stefan Kühl, Senior Associate Dr Carl-Friedrich Thoma, Senior Associate Dr Josephine Doll, As­so­ci­ate Domin­ic Zimmer, Associate Dr Christian Seeburger, Associate, all Corporate/M&A Dr Fritz von Hammerstein, Partner Katja Meisel, Senior Associate Jan Gröschel, Senior Associate, all Per­mit­ting Mar­tin Krause, Partner Dr Sebastian Orthmann, Partner Dr Hans Fabian Kiderlen, Principal Coun­sel Chris­toph­er Schmeckel, Senior Associate Wiebke Westermann, Associate, all Real Estate Dr Friedrich von Burchard, Partner, Energy & Climate Change Dorothée Janzen, Part­ner  Chris­toph Zarth, Partner Robin Azinovic, Associate, all Commercial Dr Kerstin Block, Partner, Banking & Finance  Dr Martin Mohr, Partner Dr Olaf Thießen, Principal Counsel, both Tax Dr Sebastian Cording, Partner Dr Anna Lena Füllsack, Senior Associate, both TMC Dr Michael Bauer, Partner Luisa Thomasberger, Associate, both Antitrust, Competition & Trade Dr Philipp Nonnenmühlen, Counsel, Labor, Employment & Pensions Dr Martin Gerecke, Partner, IP Birgit Wagner, Legal Manager, Smart OperationsPress Con­tact presse@cms-hs. com
Multi-billion incentive programme for climate-friendly industry launched:...
Berlin – The German government is aiming to make German industry carbon-neutral by 2045. In line with this commitment, on Tuesday, 12 March 2024 the Federal Ministry for Economic Affairs and Climate Action launched the world’s first bidding process for a programme to fund climate action contracts. Based on carbon contracts for difference, these climate action contracts promote investment in climate-friendly production facilities that would not otherwise be economically viable at this point in time. The programme is primarily aimed at operators of emis­sion-in­tens­ive plants, such as in the steel, paper, chemicals, metal and glass industries. Climate action contracts provide an incentive to develop and build the required technologies and infrastructure in Germany now. This will not only avoid around 350 million tonnes of CO2 over the term of the funding programme up to 2045, but is also designed to kick-start the urgently needed market transformation while simultaneously setting new international standards for efficient, low-bureaucracy support. The climate action contracts are intended as both a key tool for climate change mitigation and to strengthen Germany as a country with a long history of industry and innovation. EUR 4 billion has been made available over a 15-year term for the initial bidding process that has now been opened. Companies that were successful in the preparatory phase in the summer of 2023 can apply to take part in the initial bidding process within the next four months. As Germany’s economics minister announced at today’s press conference, the second round of bidding will be conducted later in 2024, with EUR 19 billion available for this purpose. Two further rounds of bidding are scheduled for 2025.A CMS team headed by lead partner Dr Jürgen Frodermann advised the Federal Ministry for Economic Affairs and Climate Action on all aspects of subsidy, state aid, contract and energy law with regard to the support programme. The advice related in particular to drafting a funding policy and associated climate action contracts to be concluded between the state and companies eligible for funding. The work also included support around the notification procedure to the European Commission. In view of the pioneering nature of the funding programme, the CMS team had to deal with legal issues arising in connection with the programme in both a European and a national context, while also ensuring close alignment with the defined technical and economic objectives. The support was provided through an in­ter­dis­cip­lin­ary consortium headed by lead project manager Jülich, together with VDI/VDE Innovation + Technik and Deloitte. CMS Germany Dr Jürgen Frodermann, Lead Partner Dr Nico Hannemann, Senior Associate Dr Nora Zabel, Counsel Björn Hopen, Associate Nina Becker, Associate, all Contract Law Shaghayegh Smousavi, Partner, Energy / Regulation Dr Jakob Steiff, Partner Dr André Lippert, Partner Dr Sven Brockhoff, Counsel Dr Annchristin Streuber, As­so­ci­ate Con­stan­ze Schweidtmann, Associate, all Public Law / Subsidy Law Dr Michael Bauer, Partner Louisa Thomasberger, Associate, both State Aid Dr Martin Friedberg, Partner, TaxPress Con­tact presse@cms-hs. com
After EU Commission's first decision on Carbon Contracts for Difference,...
The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Fol­low­ing the...
European Commission authorises EUR 550 million Italian hydrogen aid scheme
On 30 January 2024, the European Commission authorised an Italian hydrogen aid scheme with a budget of EUR 550 million under the Temporary Crisis and Transition Framework.The Green Deal industrial planThe...
Environmental and social factors in mining: a spotlight on Colombia
Environmental and social considerations have been critical to the business of mining since long before the term ESG gained its current popularity. Mining activities are politically sensitive because they...
The CBAM – what is it and how will it affect the market?
Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1...
Emerging Europe M&A Report 2023/2024
Despite geopolitical tensions, fears of recession and strong inflationary pressures across the EU, as well as the fiscal tightening needed to contain them, M&A in the CEE region has remained reasonably buoyant. Findings from the CMS Emer­ging Europe M&A 2023/24 report, published in cooperation with EMIS, demonstrate the resilience of the Emerging Europe deals market as activity holds firm against a backdrop of geopolitical tensions and strong inflationary pressures. Welcome to the 2023/24 edition of the Emerging Europe report.
Greenwashing: Stricter EU rules on environmental marketing ban misleading...
On 17 January 2024, the European Parliament voted to adopt the Directive on Empowering Consumers for the Green Transition (the ECGT Directive), which seeks to protect consumers from various misleading...
CBAM: Just over a week to comply
As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to...
National Hydrogen Strategy 2023
German government agrees to update the National Hydrogen Strategy.After lengthy discussions, the German government presented the National Hydrogen Strategy (NHS) in June 2020, giving hydrogen a key role...