Renewable energies: new legislation in Germany concerning the EEG

By Dr. Carolin Klein, LUTZ | ABEL

The amendment to the promotion of renewable energy characterised the year 2014 to a great degree. The Renewable Energy Act (EEG 2014) which came into force on 1 August 2014 initiated the changeover to a new system for the promotion of renewable energy. Unless the facility operators are subject to specific exemptions, operators of new plants are generally required by EEG 2014 to sell their generated electricity through the electricity market.

The promotion is to compensate eventual differences between possible low market prices and standard remuneration rates via what is known as a market premium or to establish incentives to receive additional revenues even above the basic remuneration granted by the promotion.

With respect to the fact that nonmarket mechanisms have a certain impact on the market premium system, the 2014 amendment sowed the seeds for a major EEG reform. From 2017 at the latest, a complete changeover to a tendering system, in respect of the promotion of renewable energies, will take place.

The purpose of the tendering system is to create more flexibility and competition in contrast to fixed remuneration rates. The aim is to determine the level of promotion through a bidding process. In preparation for the establishment of a tendering system for all regenerative energies on a long-term basis, the legislator has already initiated a pilot process for open space photovoltaic units.

Dr. Carolin Klein

Dr. Carolin Klein

LUTZ | ABEL, Munich, Germany
T: +49 89 544147 0
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Dr. Carolin Klein is a lawyer, specialising in real estate business law, energy law and renewable energy. Her focus is on on-project legal advice, particularly for construction developers. Due to her specific expertise, she regularly undertakes research work in energy policy, especially the Renewable Energy Act 2014.

LUTZ | ABEL is a well-respected business law firm with offices in Munich, Hamburg, Stuttgart, Augsburg and Brussels. Over 40 specialist lawyers offer comprehensive legal advice. Their proven expertise covers all key areas of business law, such as real estate and corporate law. Visit

Published: October 2015 l Photo: Uwe Rieder


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