Wind Energy
More and more electricity is produced from renewable energies – and this is mainly thanks to wind energy. It is by far the most important regenerative power source. In good locations, wind energy is now the most cost-effective way of generating electricity. At the same time, it causes the lowest environmental costs. We support stakeholders, so that wind energy can be successfully planned, built and operated.
Successful implementation of Wind Energy
Wind power project development is a complex task. It requires expertise from many disciplines to successfully bring wind energy projects to the grid. The challenges to be overcome are highly specific. In addition, wind power project planners operate in a dynamic market, whose economic framework conditions and political possibilities are constantly changing. With more than 25 years of experience in the field of wind energy, we support as specialized experts at the interfaces of project development and implementation to legal requirements. We also contribute our expertise in financing and marketing processes.
Our services
- Preparation of model contracts
- Design of lease pooling models
- Adaptation of individual land use contracts
- Creation of contracts for special forms of use such as prevention measures
- Support of negotiations on land use contracts with special stakeholders such as municipalities, churches, state forests
- Support of tendering procedures
- Support in the preparation of nature and species protection expert opinions by early definition and ongoing examination of quality standards, taking into account the requirements of guidelines and jurisprudence
- Advice in all areas of construction, planning and environmental law, including the associated special areas such as mining law
- Support in the development of compromise solutions with authorities, in particular on requirements for species protection
- Extrajudicial and judicial representation before the administrative courts
- Representation in negotiations with network operators via network connection point
- Support of tender procedures according to the Renewable Energies Act (EEG), in particular advice on the conditions for participation and examination of the bidding forms
- Creation and support in the negotiation of all relevant project contracts, in particular project development, asset purchase, maintenance, general contractor, operational management, direct marketing and grid connection contracts
- Legal assessment of the possibilities for shaping company law; conception and creation of the basis of the company contract
- Support of the implementation of citizen participation in the form of crowdfunding and implementation of the licensing procedure at Federal Financial Supervisory Authority (BaFin)
- Conception and contractual design of self-consumption and direct delivery models
- Legal design of regional direct marketing concepts
- Legal support of hybrid projects with wind energy and storage, power-to-X and PV
- Creation/review of direct marketing agreements and Power Purchase Agreements (PPAs)
- Implementation of project evaluation
- Implementation of (sales) purchase price determination
- Structuring and support of transaction processes
- Structuring of financing
- Support of financing requests up to the financing offer
Wind Energy as an opportunity for municipalities
Municipalities are increasingly challenged when it comes to the implementation of wind energy projects. Increasingly more areas are to be designated for wind energy. Municipalities should make a significant contribution to climate neutrality. The demands of local industry for climate-neutral regional electricity are also becoming more insistent. On the other hand, it is important to involve citizens who are subject to stress caused by a wind farm and to convince them of the benefits. This is where we start and show the municipalities the existing scope for design and how they can use it in dealing with the various stakeholders in their interest and in the interest of citizens. We support you in benefiting from the added value associated with wind energy.
Our services
- Introduction to the overall process of wind farm project development and answering your questions about wind energy with a team of legal, technical and economic experts in the context of workshops
- Development of the individual objectives of the municipality against the background of the economic framework conditions of a wind farm
- Concrete development of a suitable participation model for you
- Support in the presentation of participation concepts in committees and at public events
- Review and evaluation of offered leases
- Support of a project developer selection process and negotiation with project developers
- Design of land/lease pooling models with the citizens of the municipality and implementation of land tenders
- Creation of corporate law foundations for the implementation of the participation model
- Support in exchanges with legal supervisory authorities
- Support in the participation of the municipality according to § 6 of the Renewable Energies Act (EEG)
- Drawing up and/or amending (project-related) site plans
- Development of new construction areas
- Re-planning of existing areas
- Conversion of fallow areas
- Accelerated procedures according to § 13a and § 13b of the German Construction Code (BauGB)
- Management of emission conflicts
- Norm control procedures
Investment security is the priority
Two factors determine the success of a transaction: an accurate assessment of all risks and a clear legal structure. It has been shown how important it is to focus on the economic and technical particularities of renewable energy projects (in particular onshore wind energy and photovoltaics) in addition to sound legal expertise with extensive and long-term industry experience. This requires experience. Our experts have been bringing domestic and foreign investors and projects together in Germany and France for more than 25 years.
Together with our French colleagues, we also ensure efficient processing from a single source when assisting buyers or sellers in complex cross-border transactions with sustainable and creative solutions.
Our services
- Structuring of transaction
- Due Diligence - checks
- Drafting and negotiating confidentiality agreements
- Support in bidding procedures
- Preparation and negotiation of term sheets/letter of intent (LOI)
- Tax optimization of the transaction
- Elaboration and negotiation of the necessary purchase and sale agreements within the framework of a share or asset deal
- Preparation and support of signing and closing
- Support for post-closing measures
Go West: exploiting potential in France
The French market also offers great potential for companies from Germany, Austria and Switzerland (DACH region). Less than 18 GW of wind energy have been installed in the EU's largest country. Despite its electricity sector still being dominated by nuclear power, dynamic developments can also be observed in France against the backdrop of the steadily growing demand for renewable energies in Europe. If cultural and regulatory peculiarities are carefully taken into account, companies with experience in the DACH region in particular can take advantage of existing opportunities and successfully implement or operate wind energy in France. Our German-speaking experts from France have been supporting project developers, banks, investors and operators in their activities in France for 20 years.
Our services
- Structuring of transaction
- Due Diligence - checks
- Drafting and negotiating confidentiality agreements
- Support in bidding procedures
- Preparation and negotiation of term sheets/letter of intent (LoI)
- Tax optimization of the transaction
- Elaboration and negotiation of the necessary purchase and sale agreements within the framework of a share or asset deal
- Preparation and support of signing and closing
- Support for post-closing measures
- Structuring of financing
- Implementation of legal and tax due diligence
- Creation and negotiation of term sheets
- Preparation and negotiation of the complete financing documentation (credit and collateral agreements)
- Creation of legal opinions
- Preparation and support for signing and financial close
- Monitoring the fulfillment of payment requirements
- Review of direct marketing contracts and Power Purchase Agreements (PPAs)
- Support of credit syndications and restructurings
- Legal assessment of the possibilities for shaping company law; conception and creation of the basis of company articles of association
- Support in securing land (preparation of lease promises – promesses de bail –, notarial leasehold or leasehold contracts – baux emphytéotiques or baux de construction – and private written or notarial toleration agreements – servitudes )
- Supervision of approval procedures (support in the preparation of the application for approval and in dealing with requirements of the authorities, representation in court proceedings)
- Support in concluding cooperation agreements with local municipalities or other third parties
- Securing the grid connection (examination of the grid connection offer – proposition technique et financière or "PTF", support at the conclusion of the grid connection contract – convention de raccordement)
- Hedging tariff (support in the tender procedure – appel d 'offres – , in particular advice on the conditions for participation and examination of the bidding forms)
- Creation and support in the negotiation of all relevant project contracts, in particular project development, asset purchase, maintenance, general contractor, operational management and direct marketing contracts
Project financing
Successful implementation of renewable energy projects requires tailor-made financing. With more than 25 years of experience in the wind sector, we support both lenders and borrowers with comprehensible, lean contracts and pragmatic solutions. We help you to find the best possible solution for your project. Until today, we have supported project financing of more than 4 billion euros.
Our services
- Structuring of financing
- Implementation of legal and tax Due Diligence
- Creation and negotiation of term sheets
- Preparation and negotiation of the complete financing documentation (credit and collateral agreements)
- Creation of legal opinions
- Preparation and support for signing and financial close
- Monitoring the fulfillment of payment requirements
- Review of direct marketing contracts and Power Purchase Agreements (PPAs)
- Support of credit syndications and restructurings
Federal Nature Conservation Act (BNatSchG) Amendment: Reduction of shutdown times including for existing systems
The BNatSchG amendment wants to reduce shutdown times for reasons of species protection. According to § 74 BNatSchG, the new regulations can also be applied to existing systems. We check whether your project benefits from the new BNatSchG regulations. If the new regulation is more favorable for you, we will show ways in which the shutdown times can be reduced without jeopardizing legal approval.