Energy law for those who keep the supply going today.
Many energy law firms focus on renewables. We stand by those who have secured supply for decades: petroleum traders, filling station operators and fuel distributors.
We help you prepare your business for the future – even if you will continue to produce or distribute conventional energy for the foreseeable future: with supply contracts, antitrust and compliance questions, restructurings and in disputes.
- For more than ten years advising corporate groups and mid-sized companies in the energy sector
- Petroleum trading, filling stations, fuels and energy logistics
- Dedicated contact who knows your business
KODEX Legal · since 1992 · Villa Quistorp, Potsdam · for energy companies across Germany
MORE THAN 10 YEARS IN ENERGY
PETROLEUM & FILLING STATIONS
DEDICATED CONTACTS
POTSDAM & NATIONWIDE
PRACTICE AREAS
Our practice areas in the energy sector.
We advise petroleum and fuel traders, filling station operators, energy suppliers and logistics companies – from drafting contracts to litigation.
COMMERCIAL LAW
Commercial law for energy companies
Restructuring, buying or selling companies, attracting investors – for producers and traders of conventional energy. A key focus: M&A transactions.
- Share purchase and transformation agreements
- Legal due diligence
- Planning holding structures
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Political attention is focused on expanding renewable energy. All too often it is forgotten that it was the producers and traders of conventional energy who ensured the security of supply of indispensable energy for many decades. We help you prepare your business for the future, even if you will continue to produce or distribute conventional energy for the foreseeable future. This may involve, for example, restructuring companies, acquiring other businesses or attracting investors. Our expertise includes M&A transactions. We support you with a shared goal: the economic success of your company – now and in the future!
CONTRACT LAW
Energy contract law
Supply contracts, terms and conditions and dunning processes – from bespoke contracts to templates, always kept in line with legislation and case law.
- Review of supply contracts
- Drafting and updating terms and conditions
- Dunning processes compliant with energy tax law
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Energy contract law has to take account of the constant changes, amendments and new rules in legislation and the related case law. Based on our many years of experience and expertise in energy contract law, we offer contract drafting from the specific individual case to template agreements. We also support our clients in drafting general terms and conditions and making necessary contract amendments.
LOGISTICS
Energy logistics
Legal questions around the organisation, planning, control and execution of energy deliveries – including funding for infrastructure and necessary permits.
- Support in contract negotiations
- Enforcement of insurance claims
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Logistics plays an indispensable role in the energy industry because it ensures a continuous and reliable energy supply. In an era in which diversifying energy sources and minimising environmental impact are top priorities, effective logistics is the backbone that supports and guides the energy sector on its way to a sustainable future. We answer all legal questions that arise in the organisation, planning, control and execution of energy deliveries. We also support you in applying for funding for the necessary infrastructure and in obtaining any permits required.
ANTITRUST
Energy antitrust law
Mergers, cooperations and merger control, price and abuse control – and defence in antitrust fine proceedings.
- Assessment of antitrust risks before a transaction
- Correspondence with the Federal Cartel Office
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Energy antitrust law is intended to secure functioning competition, particularly for grid-bound energy such as electricity, water, gas and district heating, and to prevent unlawful conduct in competition. We support energy supply companies, network operators and energy service providers with the antitrust review of mergers and cooperations and with merger control filings. We also offer comprehensive compliance coordination at an early stage and advise you on the validity of long-term energy supply and network access agreements and on price and abuse control. In addition, we defend our clients out of court and in court in antitrust fine proceedings.
COMPLIANCE
Compliance management for energy suppliers
Identify and reduce liability risks for the company, management and employees – from the supply chain to sanctions screening.
- Processes for compliance with the Supply Chain Act
- Whistleblower hotline
- Sanctions screening
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Compliance management means identifying key liability risks for energy companies, their management and employees, and minimising them through suitable measures. Numerous regulations, standards and guidelines apply to the energy sector – at both national and international level. Energy companies therefore face the major challenge of always keeping track of them. Suitable compliance management avoids financial risks for the company, minimises personal risks for management and senior staff and prevents reputational and business risks. To achieve this, effective implementation is needed that employees in the company can actually live by. We support you in introducing and implementing effective compliance management, keep you proactively informed about new challenges in this area and develop solutions for them.
DISPUTES
Disputes in the energy sector
Avoid disputes where possible – and if they do arise, resolve them cost-efficiently. Whether regulation, environmental requirements or breach of contract, including arbitration and mediation.
- Court representation of energy companies
- Clarification of liability issues and recourse claims
- Enforcing claims and defending against demands
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Energy companies can become involved in legal disputes for a variety of reasons. A frequent trigger is regulatory matters concerning compliance with environmental requirements, emission standards or licensing requirements. Conflicts can also arise from breaches of contract, for example in supply agreements, service contracts or investment agreements. We help our clients avoid such disputes arising in the first place. At the same time, should the worst happen, we of course help our clients bring disputes to a successful conclusion as cost-efficiently as possible. We also support you in arbitration proceedings and mediation.
ENVIRONMENT & PLANNING
Environmental and planning law
Aligning project goals with environmental and planning law requirements – in close coordination with planning and permitting authorities.
- Support throughout the entire application process
- Checklists for your project
- Objection and court proceedings
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Compliance with environmental requirements is highly relevant in the transformation of energy and infrastructure systems. European requirements as well as federal and state law requirements must be considered individually for the specific project. Due to increasing regulation, the project’s goal must be reconciled with both environmental requirements and planning law considerations. This calls for creative, goal-oriented solutions and close coordination with planning and permitting authorities in order to do justice to your economic interests.
FUNDING
Funding opportunities for energy companies
Keeping federal, state and EU funding programmes in view – with proactive alerts about new opportunities for your project.
- Avoiding funding pitfalls
- Ongoing review of your project’s eligibility for funding
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Keeping track of public funding opportunities is not easy. We offer advice that always keeps the current funding programmes of the federal government, the federal states and the European Union in view. Thanks to our experience and expertise, we can support you in selecting the right funding programme for your project. We also proactively inform you about opportunities arising for your company from new funding options.
INVESTMENTS
Energy investments
Legal form, structuring and contracts for participations and funds – together with cooperation partners in tax law.
- Drafting and reviewing prospectuses
- Connecting cooperation partners
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Renewable energy in particular offers a wide range of investment and participation opportunities. Wind farms, for example, are increasingly being set up as community wind farms. Other installations are ideally suited to being launched as open-ended funds. The choice of legal form is crucial in order to minimise both tax and liability risks. We are happy to help you choose the right legal forms and support you all the way from the idea and structuring to drafting all contractual documentation. We can draw on reliable cooperation partners in tax matters to offer you holistic advice.
RENEWABLE ENERGY
Renewable energy law
Even if you also rely on solar, wind or biomass: we assert your claims under the EEG in full.
- Calculation and enforcement of feed-in tariffs
- Securing grid access
- Recourse claims under the EEG
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The Renewable Energy Sources Act (EEG) is the linchpin of the transformation of energy supply from conventional to renewable energy. Above all, the EEG determines the level of the feed-in tariff for producers of environmentally friendly and climate-neutral energy. The devil is often in the detail, and disagreements between producers and grid operators are not uncommon. We help you keep track in the jungle of complicated rules and assert your claims in full – regardless of whether you operate a solar installation, a wind power plant or a biomass plant.
Customs and logistics in energy transport.
What do traders, producers and logistics companies need to consider regarding taxation and customs clearance – and which charges apply inside and outside the EU?
Our whitepaper summarises the most important rules for energy transports in a compact form. Free of charge by e-mail.
WHY KODEX ENERGY
For the energy that flows today.
Industry experience
For more than a decade at the side of corporate groups and mid-sized companies in the energy sector – including on highly complex questions.
Focus on conventional energy
While much revolves around renewables, we know the issues of petroleum trading, filling stations and fuel supply.
Personal
You have a dedicated contact who knows your business and is available for questions.
ONGOING SUPPORT
Prefer regular support to help only in an emergency?
With KODEX Counsel you get legal advice and out-of-court representation on subscription – from €499 net per month, cancellable monthly.
ENQUIRY
Your concern, your question.
Briefly tell us what it is about. We will get back to you personally.
Get in Contact
We are here to help. Our Team is more then happy to answer your questions.
