In the field of wind energy, we provide comprehensive advice to project developers, system operators, suppliers, property owners and civil energy companies in connection with the construction, operation and sale as well as investors in the purchase of wind farms.

In addition to obtaining a permission under federal immission control law, among others, securing property plays a central role. The license agreements should be designed to be legally watertight in order to prevent premature termination by the property owner and secure the investment. It is also necessary to secure the rights of use in rem in order of priority. This usually takes place through the entry of limited personal easements in the land register

We support you in structuring the operating company and in your communication with the network operator. Frequent focal points of consulting are the technical connection conditions, the correct grid connection in the sense of the EEG, the joint use of infrastructure facilities by several system operators (e. g. grid usage contracts) as well as the legal presentation of metering concepts to delimit feed-in, purchase and own supply. We also examine direct marketing contracts, collateral pool and financing contracts for you and accompany you during negotiations. With the operators of neighbouring wind farms, for example, it may be necessary to take legal action against shading effects.

If an investor intends to acquire a wind farm, we carry out a legal due diligence in each project phase in 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 purchase and assignment agreement and the general transfer contract) for the transaction and accompany the contract negotiations. Together with our cooperation partners we also accompany international transactions or structure corresponding participations or rather civil energy companies.

In the event of defects or insufficient performance of wind turbines, we represent wind farm operators and enforce their rights from supply and maintenance contracts against turbine manufacturers and erectors, 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 map any risks.

We are at your disposal for all your questions regarding wind energy – please contact us!

News

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| Wind energy

Amendments to the Wind Energy-to-Sea Act: Digitisation of planning and approval procedures

On 29 June, the Commission adopted a proposal for a Directive on the planning safeguards law, which came into force in May 2020, introduced the tool of online consultation, initially limited to the duration of the restrictions imposed by the COVID-19 pandemic. In connection with the amendments to the WindSeeG adopted by the Federal Government today, the formal consultation of the authorities to be involved has been replaced by the publication of the relevant planning documents on the Internet (§ 6 para. 10, § 12 para. 2a, para. 4 sentences 2 and 3, § 47 para. 6 WindSeeG). A further step towards bringing administrative procedures into the digital age. And unlike the Planning Security Act, the tool of this online consultation is no longer tied to the effects of the COVID-19 pandemic.
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| Wind energy

BGH specifies requirements for civic energy companies in the EEG

By decision of 11. 02. 2020 the BGH specifies the requirements for a citizen energy company according to § 3 No. 15 EEG, which participates in an invitation to tender, in the sense that the majority of voting rights for district-based members must also be accompanied by a corresponding actual possibility of exerting influence on the company and participating in decisions of the general meeting. However, the requirements for a public energy company are not fulfilled if the social contract does not provide for majority decisions or if the social contract of a limited partnership withdraws fundamental transactions from the decision of the shareholders and assigns them exclusively to a company of the complementary company. ( BGH, Dec. from 11. 02. 2020 - Az. : EnVR 101/18)
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Your contact persons

Catharina Post LL.M.
Phone 030 20188328
Email post@brahms-kollegen.de

Catharina Post

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Dr. Julian Asmus Nebel
Phone +49 (0)30 20 188 328
Email nebel@brahms-kollegen.de

Julian Kleinformat

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