In the field of wind energy, we provide comprehensive advice to project developers, operating companies, suppliers, property owners and citizen energy companies in connection with the construction, operation and sale, as well as to investors with the purchase of wind parks.
In addition to obtaining approval under the federal pollution control law, among others, securing property plays a central role. The land use agreements should be designed to be legally secure in order to prevent premature termination by the property owner and thereby secure the investment. It is also necessary to secure the rights of use with a first ranking collateral. This usually takes place through the recording of limited personal easements in the land register.
We support you in structuring the operating company and in your communication with the grid operator. Frequent focal points of consultation are the technical connection conditions, the correct grid connection in the sense of the Renewable Energy Sources Act, the joint use of infrastructure facilities by several operating companies (e.g. grid usage contracts) as well as the legal presentation of metering concepts to delimit feed-in, delivery and self- supply. We also examine direct marketing contracts, collateral pool and financing contracts, and accompany you during negotiations. With the operators of neighbouring wind parks, for example, it may be necessary to take legal action against shadowing effects.
If an investor intends to acquire a wind park, we carry out a legal due diligence in each project phase during which we identify and assess the risks of the project. On the basis of this due diligence we also draft the contract (in particular the share purchase agreement and the general contractor agreement) for the transaction, and also accompany the contract negotiations. Together with our cooperation partners we accompany international transactions or structure corresponding participations and/or citizan energy companies.
In the event of defects or under-performance of wind turbines, we represent wind park operators and enforce their rights from supply and maintenance contracts against turbine manufacturers and EPC contractors, with the main focus being on out-of-court settlements. In addition, within the scope of the warranty and in contrast to the full maintenance contract, coordination with the respective insurer must also be sought in order to be able to indicate any risks.
We are at your disposal for all your questions regarding wind energy. Please contact us!