Gas

The liberalisation of the German gas market led to a regulation of German gas grids in the context of access to grids and fee licensing. The decision of the German regulator of 17th November 2006, regarding the so-called single booking model, will bring about significant changes in the German gas industry sector. The Federal Cartel Office is actively involved in long-term gas supply contracts and the breaking of market-dominant oligopolies.

Regulated gas network access is particularly going to lead to some substantial changes when drafting exit, grid interconnection and connection contracts. We observe these developments on a European and national level and develop sample contracts for our clients in the distribution network sector and negotiate them on behalf of our clients who depend on using grids owned by third parties in order to facilitate a legal uniform grid access based on the so-called two-contract-model, which in its general layout has been developed by BBH.

In the field of gas supply and trading contracts we offer comprehensive counselling for all legal issues - be it the question of admissibility under cartel law, the optimal legal wording of modern gas supply contracts, the conversion of existing city-gate gas delivery contracts or the contractual implementation of gas trading activities at a gas hub in the context of a bilateral contractual relationship or in balancing area contracts in one of the current 19 market areas in Germany. We offer expert advice in the areas of municipal gas and power station gas, starting with the legal requirements of a "fair" price assessment pursuant to Section 315 of the Civil Code (BGB), questions regarding the mineral oil tax, upstream-activities of our clients by developing fields, in the area of LNG or when importing natural gas to Germany.

Our clients include - amongst others - gas suppliers in their function as suppliers, buyers and network operators, industrial gas customers as well as gas traders from Germany and abroad who are new entrants on the German market.

Contact persons in this area are Christian Held (Berlin) and Dr. Olaf Däuper (Berlin).