Deutsche Version: umweltklimaenergie.de/energierecht/
Energy law governs the generation, transmission, distribution, supply and use of energy. For investors and project developers in renewable energy, the key questions are usually grid connection, the applicable support scheme, the permit and the project contracts. We advise developers, operators, utilities and energy-intensive companies on these questions.
Energy industry law and regulation
The central statute is the Energy Industry Act (Energiewirtschaftsgesetz – EnWG). The Federal Network Agency (Bundesnetzagentur – BNetzA) is the independent regulatory authority. Network operators must grant non-discriminatory network access (Section 20 EnWG) and network connection (Section 17 EnWG). Network operation must be separated from generation and supply (unbundling, Sections 6 et seq. EnWG). Network operators‘ revenues are set by the regulatory authorities under incentive regulation.
Since 1 June 2026, Section 42c EnWG allows energy sharing, i.e. the shared use of electricity from renewable sources via the public grid. In October 2024, the BNetzA approved the hydrogen core network (Wasserstoff-Kernnetz).
Renewable energy
The Renewable Energy Sources Act (Erneuerbare-Energien-Gesetz – EEG 2023) governs grid connection and remuneration for electricity from renewable sources:
- Installations generating electricity from renewable sources are entitled to priority grid connection (Section 8 EEG 2023).
- Smaller installations up to 100 kW may receive a feed-in tariff (Section 21 EEG 2023).
- Larger installations generally sell their electricity directly and receive a market premium (Sections 19 and 20 EEG 2023), the amount of which is determined in tenders.
The EEG is amended frequently. We check which version and which transitional provisions apply to your project.
Permits for wind and solar projects
Wind turbines with a total height of more than 50 metres require a permit under the Federal Immission Control Act (Bundes-Immissionsschutzgesetz – BImSchG), which also covers species protection under the Federal Nature Conservation Act (Bundesnaturschutzgesetz – BNatSchG). Ground-mounted solar parks usually require a development plan (Bebauungsplan) adopted by the municipality and a building permit. Details are on our Environmental law page.
Contracts
- Power purchase agreements (PPAs) and electricity supply contracts
- Grid connection agreements with network operators
- Land lease agreements for wind and solar sites
Energy efficiency
The Buildings Energy Act (Gebäudeenergiegesetz – GEG) sets energy requirements for buildings and for the use of renewable energy in heating. The Energy Efficiency Act (Energieeffizienzgesetz – EnEfG) imposes obligations on companies with high energy consumption and on data centres, including energy or environmental management systems. Companies that are not SMEs must carry out regular energy audits under the Energy Services Act (EDL-G).
EU and international aspects
The EU electricity market reform of 2024 (Regulation (EU) 2024/1747 and Directive (EU) 2024/1711) strengthens long-term contracts, two-way contracts for difference and energy sharing. Germany withdrew from the Energy Charter Treaty (ECT) with effect from 20 December 2023, the EU and Euratom with effect from 28 June 2025. For investments made before withdrawal, the treaty’s 20-year sunset clause remains relevant.
How we support you
- Advice on permitting procedures, grid connection and support applications
- Drafting and review of energy contracts
- Representation in disputes concerning grid connection, liability or regulatory requirements
Questions about energy law in Germany? Our lawyers advise clients nationwide and internationally. Request a consultation