Our team advises project developers, investors and banks in planning, developing, financing and executing national and international projects, especially in the fields of energy and infrastructure.
Our involvement with clients begins in the planning phase as we support them during the project approval and permit process, for instance. We provide assistance in both the contract award process and the construction phase, and we take special care while project and financing agreements are being drawn up to ensure that legal and regulatory parameters are considered adequately.
Our clients benefit from our sectoral approach and our many years of experience in advising a wide variety of market participants, including clients from the public sector, project developers, investors and banks.
In the energy sector, for example, more than 200 lawyers are involved daily in energy industry issues on an international scale. In Germany, lawyers on the DLA Piper energy team have supported clients – in some cases ever since the energy markets began to be liberalized – with regard to regulatory issues, energy contract and commercial law, and all questions surrounding renewable energies, during proceedings before competent regulators and other authorities, and in disputes before ordinary courts and in arbitration proceedings.
In the area of infrastructure, we are involved not only in projects involving generating and distributing energy, but also in projects in the following areas: airports, road construction, cargo and inland ports, waste facilities, water supply and wastewater disposal, public commuter and long-distance rail transport, and public institutions such as schools, hospitals and nursing homes. In these cases too, we provide advice concerning, for example, public planning and permit procedures, the regulatory environment and legal aspects of financing. Our advisory services in this sense extend to fee and remuneration structures, including state aid considerations. It is because of our many years of cooperation with the public sector that we can often overcome significant hurdles for our clients.
In both the energy and infrastructure fields, we work closely with our financing experts in integrated teams. We have extensive experience supporting both sponsors and financing banks with regard to financing energy and infrastructure projects in Germany as well as in other countries in Europe and elsewhere. This includes financing projects involving renewable energies (wind, both onshore and offshore, solar, biomass), power plants (coal, gas, nuclear, refuse-derived fuel), and natural gas and electricity networks, and also traditional transportation infrastructure projects, such as PPP models in highway construction (A models).
- Project/infrastructure financing
- Energy/energy supply
- Renewable energies
- Provided comprehensive advice to Nabucco Gas Pipeline GmbH as project counsel, including advice on regulatory issues
- Advised banks financing numerous projects relating to generating energy in the area of renewable energies, including onshore/offshore wind, solar and biomass, in Germany, France, Italy and the UK, among others
- Advised on the sale of six ready-to-build photovoltaic systems in the project planning phase, with a total capacity of 500 MW
- Advised on the construction of a transformer station in the North Sea to connect two wind parks to the grid
- Advised an engineering contractor on a power plant construction project in connection with claims for damages asserted by the client
- Advised an energy trading company on all aspects of energy trade, and negotiated all energy trade framework agreements with numerous German and international contractual partners
- Advised numerous market participants in connection with entering into, adapting and terminating long-term natural gas and electricity supply agreements, transport and transit agreements, and gas storage agreements
- Represented a German natural gas transmission system operator in proceedings before the German Federal Network Agency and in subsequent appellate proceedings concerning network expansion obligations
- Advised and represented a company in court with regard to rejection of the limit on the Renewable Energies Act levy
- Advised international bidding consortia regarding participation in competitive bidding for the BAB A94 and BAB A7 A-model projects and in the first stage of the A-model projects (BAB A8, A4, A5)
- Advised a consortium comprising Strabag SE and Züblin Scandinavia A/S in connection with the KLIPLEV-SØNDERBORG MOTORWAY PPP roads project in Denmark
- Advised on regulatory risks with regard to the financing of a new international commercial airport in Germany
- Advised on the low-cost carrier system for an international commercial airport in Germany for the purpose of acquisition of the market-leading low-cost airline
- Advised airports and German states in Commission investigations into state aid
- Advised industrial and waste management companies on waste-to-energy issues
- Advised the European Investment Bank on revolving infrastructure funds (JESSICA)