Since 1st January 2005 many facility operators have been integrated into the system of European emission trade on a mandatory basis. We provide expert advice to approximately 150 clients in this area who rely on us in relation to numerous issues.

We originally focussed on supporting our clients in the application process concerning the allocation of carbon credits by the German Emissions Trading Agency (Deutsche Emissionshandelsstelle - DEHSt); we currently advise companies who seek to enforce their interests in complaint and administrative court proceedings. While some companies disagree with the allocation itself, other companies object to the administrative fees and the usage conditions at the registry. We also provide legal services in relation to these matters.

In the future, there will be further areas of interest for emitting companies and investors. The so-called linking directive provides for the integration of certain reduction measures into the system of emission trade through the implementation of the project-related Kyoto mechanisms CDM and JI. The German Project Mechanism Act (ProMechG), which was adopted on 22nd September 2005, transposed the Directive into German law. In the future, certain measures reducing emissions may be compensated by way of emission credits. So far we have represented foreign clients who are seeking investors for eligible modernisation measures. Our legal services are also in demand for our German projects, however, when it comes to the eligibility of those measures.

Our daily work focuses not only the allocation of carbon credits to facility operators but also on emissions trading. Our clients include facility operators, trading companies and intermediaries. Next to all typical questions relating to fungible commodities (see above), we offer expert advice in relation to specific questions such as contractual and accounting issues.

Our interdisciplinary approach also makes us a qualified partner of the web portal

This portal always provides topical information around the issues of emission trading and climate protection. Besides detailed project descriptions and reports of first hand experience regarding JI and CDM projects, the portal also provides an overview about climate protection projects, climate funds as well as trading strategies etc.

Contact person in this area is Dr. Ines Zenke (Berlin).