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!
The OLG Düsseldorf has decided that the BNetzA is obliged to anonymously disclose bid values from the tender for wind energy. One unsuccessful bidder argued that it could not be ruled out that knowledge of the bid amount might provide the complainant with further indications of an inadmissible price agreement pursuant to Section 34 (1) b) EEG 2017. The Düsseldorf Higher Regional Court granted this to the extent that, in connection with the location and type of plant, which can also be seen from the bid, conclusions can regularly be drawn about the profits with which the respective bidder has calculated, which is why the bids would only have to be disclosed anonymously. (OLG Düsseldorf, Resolution of 14. 11. 2018 - Ref. : 3 Kart 6/18)
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The Market Master Data Register (MaStR) is the register for the German electricity and gas market and is managed by the Federal Network Agency. In MaStR, the master data for electricity and gas generation plants must be registered. In addition, the master data of market players such as plant operators, grid operators, and energy suppliers must be registered. MaStR is available online not only to the authorities but also to market players and the public. At the same time, various existing registration obligations are to be bundled in the market master data register. Due to the repeated postponement of the opening of the web portal, however, the registration obligations could only be fulfilled insufficiently so far or had to be carried out for EEG plants in the plant register.
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