All practice areas

It won’t be possible not to encounter KWR's energy law practice in this country. We are very proud of the fact that, from the beginning of energy market liberalization until today, we have been able to actively support renowned companies in this sector, which is becoming increasingly important. Finally, climate protection and energy turnaround, which have been on everyone's mind for years, have also become mainstream issues in society. CO2 reduction, Fit for 55, the Green Deal and many other initiatives in this area pose new challenges for all of us, and first and foremost for the energy industry, but they also spell considerable opportunities.

We are attracted by the complexity, fast-moving nature and diversity of the matters which fall under the heading of "energy law". These range from regulatory law and European state aid law to the drafting of sector-specific agreements under private law. And if there is no other way out, we also represent our clients' interests before courts, arbitration tribunals and relevant authorities.

The integrated approach to problems, not shying away from cross-cutting issues or "technical matters", the in-depth understanding of our clients’ business and the pleasure of dealing with something new every day – that’s what characterizes the members of the KWR Energy Team.

We don’t just pay lip service when we say that we are in sync with the times, it’s our day-to-day reality, and it drives us to develop hands-on, tailor-made solutions for your factual problems and conflicts.

Our clients include leading and well-established players in the energy sector - producers, suppliers or grid operators - as well as newcomers such as energy communities, alternative providers or start-ups and interest groups, public authorities or (energy-intensive) companies.

Thanks to years of expertise in this field you can be sure that we will always provide you with the highest possible level of trustworthy, and in any case outspoken, advice. We are the perfect sparring partner to you, always striving to keep you focused and to prevent you from making unfavorable decisions.

Water, sun, wind, biomass, biogas, hydrogen (H 2): KWR provides advice in all phases of renewable energy projects. Our expertise ranges from the development and financing to the construction and operation of the respective plant. Subsidies and sector-specific state aid law are a particular focus of our advisory work.

We also know what to do when it comes to emissions trading, process optimization or energy efficiency. Likewise, we think we are the right partner for issues of CO 2-levies or other energy taxes.

We support our clients in all aspects of sector regulation, such as the network access regime and sector organization (unbundling), cost regulation (system usage tariffs and cost determinations), sector-specific competition law and much more.

Energy supply contracts with long-term commitments, the drafting of general terms and conditions of business and supply, plant-related supply and joint venture contracts or cooperation agreements are just some of the industry classics – there are many pitfalls you can avoid by counting on our long-standing experience.

Not only do innovation and digitalization not stop before they reach the energy industry, in fact, they are catalysts and drivers of progress:

  • Smart gridsare hard to imagine without Blockchain or other innovative IT solutions;
  • Citizens organized in energy communities are becoming part of the energy transition as prosumers, and companies are also increasingly taking advantage of new opportunities for participation in the energy market;
  • Electro-mobility (along with the problems associated with it) has accompanied us since the first charging station was set up. We make sure that you don't run out of battery power;
  • Hydrogen is on the way to becoming the new green fuel for industry.

New technologies cause demands on infrastructure, requiring a creative integrated view of the legal matters already in place and yet to come. Fit for 55 and the Green Deal are upping the ante.

Regardless of the high dynamics and the uncertainties which come with it, the experts on the KWR Energy Team are always available to you, solid as a rock, even in turbulent times.

The energy sector is characterized by a complex regulatory framework and a wide range of other aspects, such as long-term and stable contractual relationships, a high level of innovation in the field of renewable energies, frequent governmental involvement and high investment costs. Particularly due to the ever stronger political push for the energy turnaround, loaded fields leading to potential controversies are emerging; this may include prospecting disputes, issues of investment protection, exciting issues under constitutional law or the increased occurrence of claims for compensation based on climate-change related damage brought by NGOs and climate protectors.

We advise and support you in proceedings in courts of law as well as in arbitration proceedings. We also represent you before national and international regulatory authorities (in particular in tariff and abuse proceedings), before the Austrian Supreme Administrative Court and the Constitutional Court (VwGH and VfGH) as well as the before the European Commission and the ECJ.

 

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