As a law firm, we have started off with consulting the energy sector – and energy-related issues are still embedded in BBH’s DNA. Hence, we have a deep understanding of the energy industry’s entire value chain, covering energy generation, transport and trading as well as its distribution and consumption.
In relation to generating electricity and heat/cold, be it traditional, renewable or virtual, a multitude of complex legal matters arise. We provide comprehensive counsel on all of these issues – from planning power plants and corporate participations e.g. by selling off company “tranches”, through to hedging and marketing strategies. For electricity generated from renewable sources statutory rules guarantee a fixed feed-in tariff, which is ultimately financed via the so-called EEG-surcharge. However, energy producers also have the option of marketing electricity directly. We happily advise on the direct marketing of renewable products as well as issues with regards to the Register of Guarantees of Origin, market premia and remuneration. We are equally familiar with the field of combined heat and power. Our advisory expertise covers the construction, financing and connection of the installations as well as their actual operation.
Grid systems are indispensable when it comes to transporting energy. We counsel grid operators and users alike in all grid-related matters. This includes e.g. grid system construction and takeovers, grid connections, rules and charges for the use of grid systems as well as grid-related stabilising measures such as redispatch. Developing energy storage options is also a crucial topic. In this regard, technologies such as power-to-gas, thermal energy storage, pumped-storage hydroelectricity and gas storage seem very promising. We have a firm understanding of the related legal framework conditions and also the necessary technical know-how. BBH advises operators of grid systems of all voltages/levels of pressure as well as operators of so-called closed distribution networks, i.e. industrial sites and airports.
We have also gained special expertise in the field of commodity trading and provide counsel on all legal matters of exchange and OTC trading relating to physical and financial energy trading and the regulatory framework based on REMIT, MiFID and EMIR. Due to our knowledge of both the energy and the banking world, we are able to provide practical solutions ranging from intraday and futures trading to OTC and exchange trading options.
We provide comprehensive advice to distributors, be it on contract issues, the protection against unfair competitors or the development of new distribution strategies. Moreover, we support our clients by optimising their fees and surcharges and are versed in contracting solutions.
Last but not least, we are also familiar with issues facing the consumer side. Here we counsel on e.g. questions arising in relation to energy efficiency and/or demand response. We assist with the optimisation of installations. e. g. with respect to the EEG-surcharge. We also support our clients on e- and gas mobility – which are highly topical for the future.
“Frequently recommended for energy law”
“Thanks to its impressive size and the broad advisory expertise of its staff, BBH has established itself as a leading energy-specialist law firm with a unique market position.”
Award as "Top Commercial Law Firm" 2013 to 2016 and "Top Tax Accountants" 2014 to 2017 for the energy industry