The Future of Energy Newsletter - Autumn 2025
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We are proud to share our quarterly newsletter on the key international Energy & Utilities legal developments relating to the global energy transition. Brought to you by the international Energy & Utilities Sector Group at Bird & Bird
In Focus
Comparative Guide to Corporate PPAs
Our comparative guide to Corporate PPAs gives you a comprehensive overview of the landscape across multiple jurisdictions. It covers regulatory and licencing frameworks, common forms of Corporate PPAs, best practice, guarantees of origin, and the key challenges you should be aware of. If you want to know more about Corporate PPAs in your jurisdiction, get in touch with the team.
Updates from our International Network
Dutch collective heat act enabling accelerated construction of heat networks?
Just before summer recess this year, the Dutch Parliament (Tweede Kamer) finally adopted the collective heat act (Wet collectieve warmte) (Act). Upon adoption of the Act by the Senate (Eerste Kamer), which is expected later this year, connections to existing and new heat networks is expected to grow significantly from 15.000 now to 80.000 to 100.000 per annum in the future, with the ambition to more than double connections to renewable heat networks to a total of 1,5 million by 2030. This will require considerable investments in both heat networks and (eventually by 2050 only) renewable heat sources. To phase out the use of natural gas for heating, the act includes ever stricter carbon emission target related heating.
For more information please contact Matthijs van Leeuwen, Tialda Beetstra, or Sander Wagemakers.
UK-US Tech Prosperity Deal: Nuclear, Batteries & Data Centre Co-location
The UK-US Tech Prosperity Deal announced as part of the US President’s grand State visit to the UK in September 2025 will advance the synergy of technology, investment, and innovation. More than a typical bilateral agreement, this pact signals an ambitious transatlantic alliance to architect the next generation of clean energy infrastructure, fostering economic growth, technological leadership, and energy security. All at a time when the UK’s renewable energy and digital infrastructure sectors are colliding in ways few foresaw, even five years ago.
For more information please contact Jenny Murray.
General Dutch Energy Law Updates
Following the Opening of the Dutch Budgetary Year (commonly referred to as: Prinsjesdag), the outgoing Dutch government announced several interesting regulatory changes that are relevant for the Dutch energy sector.
For more information please contact Sander Wagemakers.
Poland to reintroduce mandatory energy exchange sales
For more information please contact Tomasz Chabrzyk.
Update on German customer installations: The Federal Court of Justice's reasons for its decision
On 13 May 2025, the Federal Court of Justice ruled that the previous understanding of customer installations (also known as “self-consumption facilities”) was not compatible with European law (EnVR 83/20). Rather, any distribution system used to distribute electricity intended for sale to wholesalers or end customers is a distribution network. As such, it must be subject to regulation (for more details, see here and the underlying ruling of the European Court of Justice here). The Federal Court of Justice has now published its reasons for the decision.
For more information please contact Dr. Matthias Lang or Anja Holtermann, LL.M.
Emissions trading systems in Germany and Europe - an overview
The European emissions trading system, which has been in place for around 20 years, makes an important contribution to achieving climate neutrality. Nevertheless, it was highly controversial for a long time. Since its introduction, it has been continuously modified, expanded and supplemented by additional national emissions trading systems in line with political requirements. The basic system is simple: CO2 emissions are given a price, politicians determine the reduction target to be achieved and the market regulates who carries out the CO2 reduction where and how in the most cost-effective way. However, the political will to shape the market does not always make it easy for affected and interested companies to keep an eye on the relevant legal bases and use them to their advantage. The various trading systems add to the uncertainty. In this article, we provide you with an overview of the emissions trading system at European and German level as well as the relevant legal bases in each case.
For more information please contact Dr. Matthias Lang or Anja Holtermann, LL.M.
Federal Court of Justice approves construction subsidies for battery storage systems
Construction subsidies can account for a significant portion of the investment costs for building a battery storage facility. Whether, when and how much these subsidies are actually payable is therefore of crucial importance for battery storage projects.
For more information please contact Dr. Matthias Lang, Anja Holtermann, LL.M. or Dr. Tobias Büscher.
High Voltage Deals: Driving EV Innovation Through M&A
For more information please contact Sandra Seah or Genessa Chew.
