ENERGY FOR THE FUTURE

Think ahead. Change. Improve.

Because: If you do not move with the times, you will be left behind by the times. One area of action that is currently particularly important is energy. We are convinced that those who choose the path of responsible energy generation, procurement and supply lay the foundation for a successful future. rk partners is your partner for energy law and supports you on your path—and ours—towards the energy future.

ENERGY FOR THE FUTURE

Think ahead. Change. Improve.

Because: If you do not move with the times, you will be left behind by the times. One area of action that is currently particularly important is energy. We are convinced that those who choose the path of responsible energy generation, procurement and supply lay the foundation for a successful future. rk partners is your partner for energy law and supports you on your path—and ours—towards the energy future.

One-stop shop

We help you navigate the legal frameworks in the energy sector. Our experts support you with project development, financing aspects, and issues to be considered at the interfaces between energy generation, energy procurement and energy supply. Unlike other business law firms, we offer our clients a holistic and comprehensive solution. This is made possible by our team, which brings together experienced lawyers and industry experts.

Our expertise in energy law

Do you need legal advice on implementing energy projects? Are you looking for legal counsel who thinks beyond the obvious? Do you want to set future impulses with alternative energy sources such as hydro, PV or wind? Do you need a top-tier firm as a partner for questions relating to energy and emissions trading? Then you have come to the right place. Numerous national and international energy companies, utilities, energy traders, grid operators, municipalities and banks rely on rk partners, and we look forward to advising and supporting you as well.

Our areas of expertise at a glance

As a one-stop shop for energy law, we support
you particularly in the following areas:

MARKET ENTRY AND INTERNATIONALIZATION

Your strategic partner for market entry, expansion and project implementation

With our many years of experience in energy law, comprehensive
industry knowledge and commercial understanding, we support
you from the initial market analysis through to the successful
implementation of your projects. 

We analyze target markets and regulatory frameworks, identify opportunities and risks, and support you in developing and implementing viable market access and internationalization strategies.

For market entry in Austria, we offer you a holistic approach as a
one-stop shop, combining legal know-how with strategic and commercial expertise.

In addition, we support your internationalization
worldwide
. Together with a strong network of international partners from business and politics, we help you successfully structure and implement your cross-border projects — with a special focus on Europe and the CEE region.

More information: www.xstoica.com

Austria

With our many years of experience in energy law, comprehensive
industry knowledge and commercial understanding, we support
you from the initial market analysis through to the successful
implementation of your projects.

rk partners offers you a holistic approach as a one-stop shop, combining legal know-how with strategic and commercial expertise. With a team of experienced lawyers combined with experts from business and technology, we support you in entering the Austrian market and provide comprehensive assistance with the planning, legal implementation and commercial optimization of your projects and partnerships
from concept development to successful realization.

CEE

For your expansion into Central and Eastern Europe (CEE), we work closely
with our strong partner XStoica. XStoica is a
leading international law firm with comprehensive expertise in
law, tax, corporate services and public affairs.

Together, we support you in successfully entering complex markets and achieving your international goals — with a special focus on the CEE region.

PURCHASE AND SALE OF ENERGY PROJECTS

As a complementary service, we support you in the purchase and sale of energy projects. We bring together the right contacts and guide you safely through the entire transaction process.

Community energy use

A future-proof model

Climate change. Resource scarcity. Unequal distribution. These are major social and economic challenges that call for the development and establishment of future-proof energy models. Energy must be generated, used and distributed more efficiently. And that is exactly what energy communities make possible.

The basic principle: generate energy together and use it together on preferential terms.

Imagine you are part of such a community. Solar energy is generated on the roof of your (company) building, and your partners generate energy from hydropower and wind power. This means any weather conditions can be used for energy production, ensuring a constant supply for all members or active customers. With the new Electricity Industry Act ElWG, additional forms of shared energy use beyond traditional energy communities are now opening up through the peer-to-peer contracts provided for therein.

The advantages are obvious: energy supply becomes not only more sustainable, but also more efficient, more autonomous and more regional. It is an attractive, but new, energy supply model whose planning, implementation and government funding raise numerous questions.

As experts in energy law, we are pleased to support you in developing your energy strategy via energy communities or peer-to-peer contracts.

Peer-to-peer contracts (P2P)

With the new ElWG, peer-to-peer contracts will also be enabled in the future. These allow self-generated electricity to be shared, directly between participants, gifted or sold on a contractual basis, without necessarily having to establish a separate energy community. In some constellations, this can make things easier, as no organizational entity needs to be established and maintained. As established experts, we support you with the legal structuring, contract drafting and implementation of such models.

Renewable Energy Communities (EEG) and Citizen Energy Communities (BEG)

EEGs are regional energy communities that rely exclusively on renewable energy sources.

BEGs are regional and/or supra-regional energy communities that generally allow a combination of conventional and alternative energy generation.

Together with you, we review the requirements, funding opportunities and the appropriate legal form, and establish an optimal, holistic model for you. We are also happy to support the integration of charging infrastructure (charging stations) for e-mobility as well as storage infrastructure (battery storage), with tax law questions, and with the planning and implementation of your project.

Energy communities in the real estate sector

rk partners supports you on the path to the “green property”.

The energy transition brings new opportunities for sustainable housing concepts. Despite the challenges, integrating photovoltaic systems and energy communities—by way of joint generation facilities (GEA), Renewable Energy Communities (EEG) and Citizen Energy Communities (BEG)—offers great potential to combine ecological responsibility with long-term benefits for residents and the environment, supported by attractive funding models.
Energy communities promote sustainable energy use, increase the attractiveness of housing offers and reduce electricity costs in the long term.
For a more advanced “green property”, the concept of a thermal energy community should also be considered. If you are planning a combined implementation of a thermal energy community with an electricity energy community, you have come to the right place.

Utility-scale battery energy storage systems (BESS)

Storage and flexibility solutions are coming even more into focus with the new ElWG. Utility-scale battery energy storage systems (BESS) open up new opportunities for grid stability, load management, the optimization of self-generation and the development of new business models. At the same time, the regulatory framework is new and still needs to be fleshed out in detail in many areas. We support you with comprehensive expertise in the legal structuring, contract drafting, regulatory classification and implementation of your BESS project.

Power Purchase Agreements

Europe’s electricity market is facing major challenges: expanding renewable energy and the strategic phase-out of gas under the Green Deal are key objectives. Power Purchase Agreements (PPAs) are proving to be an innovative solution to support this transformation. Drafting PPAs requires a precise balancing of factors such as contract term, pricing and electricity delivery. Contract templates such as the EFET master agreements serve as guidance. Nevertheless, companies must address regulatory requirements such as REMIT, EMIR and MiFID II, which were originally developed for the financial sector.

Despite these hurdles, PPAs offer numerous advantages: they ensure long-term price stability, minimize trading risks and enable verifiable sourcing of regional and green electricity. Particularly in bank project financing, careful drafting of the PPA is crucial. As experts in energy law and PPA structuring, we are pleased to support you. Together with our experienced of counsel, who have in-depth knowledge of the commercial and technical implementation of such projects, we ensure that your project is successfully realized.

Conventional Energy Supply

Security of Supply: Energy Supply in Transition

The energy transition is changing markets, business models, and regulatory frameworks. However, conventional energy sources such as natural gas, crude oil, and petroleum products will remain an essential component of global industrial, transport, and supply infrastructure for the foreseeable future.

Austria as a Hub for Conventional Energy

The Baumgarten gas hub and large storage facilities such as Haidach demonstrate that gas, oil, storage, and transport infrastructure continue to be of central importance for security of supply, market stability, and cross-border energy flows.

For companies, this means that energy-related transactions must be economically viable and structured in a legally secure manner in terms of regulatory and sanctions law. Gas and oil transactions regularly involve questions regarding supply and storage contracts, capacity bookings, payment channels, assignments of claims, financing and settlement structures, ultimate beneficial owners, circumvention risks, etc. Matters involving cross-border supply chains and third-country elements within a sanctions law environment are particularly demanding.

Advisory for Energy Trading and Infrastructure

We advise energy traders, utilities, industrial companies, investors, financiers, and operators of critical energy infrastructure on the legally secure structuring and implementation of projects. A particular focus lies on sanctions law issues in international energy trading as well as on sophisticated business, financing, and transaction models in light of current EU and international sanctions regimes.

Furthermore, we represent clients in disputes out of court, before state courts, and in international arbitration proceedings. In doing so, we combine economic understanding, regulatory know-how, specialization in sanctions law, and procedural strength. This enables us to help companies act with legal certainty, identify risks at an early stage, and consistently enforce claims.

Your contact

This is where you can find our experts and your energy solutions.

Dominik Kurzmann
Head of Energy

Dominik Kurzmann is a partner at rk partners, heads the Energy Desk and is one of Austria’s leading experts in energy law. With more than fifteen years of professional experience, he advises national and international clients comprehensively in the energy and financial services sectors. Among other things, he specializes in the development, implementation and financing as well as the purchase and sale of energy projects and energy companies, including the structuring of capital market products in the field of renewable and conventional energy. He supports clients with market entries, complex cross-border transactions and the design of electricity procurement strategies, for example via Power Purchase Agreements or energy communities. Dominik is the author of numerous specialist books and publications and teaches as a university lecturer at the University of Vienna on energy law and banking-specific topics. He and his team have made a name for themselves in international rankings such as JUVE, Chambers, IFLR 1000 and Legal500.

Team members

News

PUBLICATIONS

EU Sanctions Law in Banking Practice

Control Concept in Citizen Energy Communities – Real Estate Developers Take Note!

RdU: Power Purchase Agreements – A Compelling Solution for the Future?

Rankings

INFO

Sustainability at a glance

In a recent brochure, the Volksbanken and the ÖGV provide information on sustainable business in all its facets. SMEs and cooperatives learn how they, too, can focus on sustainability and what they should bear in mind. In addition, it contains all information on subsidies and tax relief.

The Funding and Tax Guide

The most important grants and tax benefits for sustainability. In a current brochure, Volksbanken and the ÖGV provide information on sustainable business practices in all their facets. SMEs and cooperatives learn how they can also focus on sustainability and what they should consider. Furthermore, it includes all information on grants and tax benefits.

Topic pages

Energy law

Energy law for energy communities

Since 2021, you no longer have to be a traditional energy supply company to produce electricity or even sell it. In so-called energy communities, citizens have the opportunity to join forces to flexibly produce, store, sell and consume energy. As experts in energy law in Vienna and throughout Austria, we provide comprehensive support in implementing your project. We represent national and international market participants, including energy companies, utilities, energy traders, grid operators, municipalities and banks.

Renewable energy communities

In multi-unit buildings, energy communities in Austria are already widespread as joint generation facilities. A common example is a solar system on the roof of a multi-unit building. The solar system generates electricity, which is then distributed to all participants. As an energy community, you inform the grid operator of the distribution model according to which the generation shares are allocated to the individual participants. The measured consumption is then allocated by the grid operator. Energy used beyond production is supplied by the individually chosen supplier of each participant. As specialist lawyers for energy communities and energy law, we support you from the outset with planning, establishment, structuring and compliance with legal requirements. We are also happy to advise you regarding possible funding and financing for your energy community project.

Forms of energy communities

Renewable Energy Community

In this form of energy community, energy is generated using renewable energy sources. Another special feature is the geographical proximity of each participant. All participants must be located in the same grid area and each conclude their own grid usage agreements with the same grid operator. One advantage is that lower grid tariffs apply. Another benefit for all participants is the elimination of the renewable support contribution. Natural persons, municipalities, legal entities of authorities in relation to local offices (e.g., the Republic of Austria for the local police station) and other legal entities under public law may participate in a Renewable Energy Community. Small and medium-sized enterprises may also participate, provided this does not correspond to the private company’s main commercial and professional activity. Each type of energy community consists of at least two participants, meaning smaller constellations are also possible. As lawyers for energy law and energy communities, we provide holistic support in implementing your project.

Citizen energy communities

If the participants in an energy community are not geographically close to one another, a citizen energy community is a suitable option. With this solution, the respective participants may also have concluded contracts with different grid operators; moreover, the electricity generated does not have to come exclusively from renewable sources. As a citizen energy community, you may generate, share, store, consume or sell electricity. Because the electricity generated has to travel partly long distances through the power grid due to the lack of geographical proximity between the respective participants, the financial incentives are lower than for Renewable Energy Communities. Participation in a citizen energy community is permitted for legal entities, natural persons and territorial authorities. We provide comprehensive support in establishing your citizen energy community, finding a suitable legal form and with regard to funding. We are also happy to advise you on tax matters.

Energy law attorney

As specialist lawyers for energy law and energy communities, we provide comprehensive support, including on topics such as choosing the appropriate legal form, possible funding, and planning and implementing a solution tailored to your needs.