Branches of law

Our “day-to-day business” in the field of energy law includes dealing with the whole range of relevant legal questions, which are posed by our clients. SCHOLTKA & PARTNER Rechtsanwälte provides expert opinions, answer individual questions and examine all agreements relevant to the electricity, gas and district heating sectors. We will also gladly support you in the structuring of solutions in the energy business.

We offer advice on all issues pertaining to European energy law (e.g. “the third energy market liberalisation package” and the cross border energy trading regulations), the German Energy Industry Act, as well as the corresponding ordinances (e.g. general supply, grid connection ordinance, standard terms on district heating and concession fees).

In this “traditional area of energy issues” the focus lies on the connection to the grid and grid access, the liberalisation of the metering, concession agreements and concession fee law, storage projects, supply by private and onsite distribution networks and drafting and negotiating supply agreements, including reviewing the general terms and conditions.

SCHOLTKA & PARTNER Rechtsanwälte offers advice on all issues pertaining to regulatory law, especially tariff regulations, but also other areas from connection to the grid to grid access.

We stay in contact with regulatory authorities. Our knowledge of procedural law and the authorisation procedures allows us to match our client’s interests to regulatory requirements, both quickly and effectively. In this regard, a particular strength in our law firm is the well proven teamwork between our lawyers from different areas of expertise, especially between our public law colleagues and the civil and cartel law oriented specialists.

The demand for power generation from renewable energy sources and using CHP technology, is becoming a larger part of the advisory portfolio at SCHOLTKA & PARTNER Rechtsanwälte. This development received an extra incentive from the recent debates about climate change. Thus, specialised in advising “the energy sector”, SCHOLTKA & PARTNER Rechtsanwälte also offers advice on matters concerning renewable energy (e.g. the renewable energy law and the renewable energy heating law) and CHP, as well as goal-oriented advice and legal representation.

SCHOLTKA & PARTNER Rechtsanwälte represents plant operators, as well as network operators or industrial companies and contractors. We are therefore familiar with the various positions of the parties involved.

We have been advising clients on matters regarding emissions trading since 2003. We have earned a name for ourselves as one of the leading law firms in this field in Germany. Our services range from the preparation for the demands of this new system to advice on legal requirements and legal representation against the German Emissions Trading Authority (Deutsche Emissionshandelsstelle, DEHSt), to representation in court. In the first allocation period, for example, we represented plaintiffs in so-called test cases regarding the “second compliance factor” up to the Federal Administrative Court. Supported by our energy trading team, we also support our clients in actual certificate trading.

We have been working on the legal requirements for underground Carbon Capture and Storage (CCS) from the beginning. We also have relevant experience in the legal terms and conditions of the project mechanisms under the Kyoto Protocol (CDM and Jl) and the integration of the accredited certificates in European emissions trading scheme, as well as swaps. Furthermore, we also offer advice on preparing for the time “after Kyoto”, from 2013. Another valuable asset is our collective experience, especially for airlines, regarding the inclusion of air traffic in emissions trading.

Important central infrastructure sectors such as energy supply, telecommunications and the transport sector have been liberalised. Therefore, traditional supply monopolies are now governed by cartel and regulatory law. Thus, the measures and regulations of the cartel and regulatory authorities, as well as rulings by the Cartel Court, are extremely important. SCHOLTKA & PARTNER Rechtsanwälte also supports its clients in this area in all legal matters and essential procedural steps.

We mainly advice on regulatory compliances, compiling contracts and joint venture agreements and appliance monitoring and abuse control of companies in cartel law. If necessary, we represent our clients before cartel authorities and courts.

We also advice on the application of the Act Against Unfair Practices. This incorporates all questions pertaining to the legitimacy of advertisements, but also procedural issues, especially in the area of interim injunctions.

Due to the liberalisation of the energy markets, physical and financial trading in gas and electricity and its derivates is becoming increasingly important. We have experience in the trading markets and provide practical, expert advice to regional and national utilities, foreign producers and energy traders on all issues related to energy trading.

We draft and examine agreements for energy trading, advise on standard international and German agreements (EFET, ISDA, German Framework Agreement, etc.) and prepare expert opinions. This also includes issues relating to regulatory approval (Markets in Financial Instruments Directive - MIFID) and financing.

The taxation of power and energy products, especially natural gas and coal, is affected by rapidly changing European statutory provisions.

SCHOLTKA & PARTNER Rechtsanwälte advises clients on all issues pertaining to power and energy tax law.

SCHOLTKA & PARTNER Rechtsanwälte reviews tax relief and tax exemption issues, advises on energy tax driven transactions related to contracting models and power plant projects and represents clients in legal proceedings related to energy tax law.

Industrial business activity is subject to numerous statutory regulations and our clients receive sound, legal advice from SCHOLTKA & PARTNER Rechtsanwälte in this area.

Lately, for example, mining law is becoming increasingly important, e.g. in the construction and running of underground gas storage facilities, in connection to the mining of resources or in the geothermal energy sector. We will gladly use our expertise in this field to support you.

The building of energy and telecommunications services often occurs in the area of public roads. Unless their use has not already been regulated by a concession contract, we will also offer extensive advice to our clients regarding the road law requirements.

We also support our clients in municipal commercial law, especially in cases where public services or companies held by municipalities are involved.

Recently, the Federal states’ auditing authorities have been shifting their attention to due and proper use of subsidies. This is another aspect of the advice SCHOLTKA & PARTNER Rechtsanwälte provides, above all, to recipients of subsidies. In this respect, our attorneys benefit from the experience they have gained in advising the public sector and in structuring transactions or projects in light of subsidies.

The installation and operation of installations, work with substances as well as the generation of energy and products are subject to numerous legal regulations and official requirements or conditions. Together with our clients, we develop useful solutions and implement these, while taking the authorities’ requirements into account. We support our clients during the planning phase, the authorisation and the development of installation and sites, all legal issues connected to the system operation including the expansion, up to decommissioning and maintenance.

During infrastructure projects (e.g. grid construction) we advise project developers and other parties involved. This includes the representation in subsequent compulsory purchase and compensation procedures.

SCHOLTKA & PARTNER Rechtsanwälte can also use its extensive experience in dealing with complex historic pollution or environmental damage.

SCHOLTKA & PARTNER Rechtsanwälte advises the traditional public contractor such as those from the sector, for example certain utilities, as well as the bidder during all phases of public procurement proceedings. We advise contractors on issues concerning their tender obligations, the choice of the right kind of proceedings, during the organisation of the public procurement documentation as well as during the conception and implementation of the public procurement proceedings. The advice we give to the bidder during public procurement procedures does not only include the explanation of public procurement law issues, but also tactical considerations.

During verification proceedings we represent our client’s interests before the public procurement board and the procurement senate board of the Higher Regional Courts.

In addition, the public procurement law expertise at SCHOLTKA & PARTNER Rechtsanwälte is in demand, also in connection to the utilisation of subsidies and impending reclaims.