ESG Pulse - January 2026
Contacts
Partner
Germany
I am an expert in the field of trademark law, for all questions concerning advertising and unfair competition law, copyright law and trade secrets. In the field of advertising law, I regularly provide guidance on questions of environmental advertising.
Partner
Netherlands
I am a partner in our NL office, based in The Hague, where I was one of its founding lawyers in 2001.
Partner
Italy
As a partner in our Finance & Financial Regulation Group in Milan, I am a specialist in the regulation of financial markets, with extensive experience in asset management and financial services.
Welcome to the latest quarterly edition of our ESG Pulse newsletter by Bird & Bird.
As ESG factors continue to reshape the legal and regulatory landscape, and responsible practices become essential to long-term success, we're here to keep you informed and confident in navigating this evolving space.
ESG Pulse is our international platform for staying ahead, bringing you the latest developments, practical insights, and thought leadership across our practice areas and sector groups.
In focus
Tech & Comms Trends and Predictions 2026
The pace of technological development is only set to accelerate in 2026. Advancements across AI, cybersecurity, data and digital infrastructure will have a significant impact on businesses, the economy and society at large. Our global Tech & Comms team has identified the key trends and predictions that will matter most across AI, Regulation, Cybersecurity, Data, Online Safety and ESG - drawing on insights from our teams across Europe, APAC, the Middle East, and the US, and reflecting the breadth of global expertise that underpins our technology sector.
Green Claims AI Scanner
From 27 September 2026, the national implementations of the Empowering Consumers Directive (ECD) will be applied across all EU member states. Our AI-powered ESG analysis tool can help make sure you’re compliant.
Why choose our approach?
- Comprehensive: covers your entire site across languages and jurisdictions
- Efficient: actionable results, fast turnaround
- Practical: clear recommendations to guide your next steps
By combining AI and legal expertise, you’ll have the clarity, data and confidence to ensure your marketing communications stay compliant, protecting both your reputation and your bottom line.
Read more
Corporate PPAs: An international perspective – 2025-26
Our longstanding experience navigating the Corporate PPA landscape means that there’s not much we haven’t seen when it comes to advising on these evolving, and often complex structures.
This report looks at the main drivers propelling the growth of Corporate PPAs globally. It addresses several innovative deal structures and provides an overview of market considerations in key jurisdictions across Western and Eastern Europe, the Nordics, Asia-Pac and the USA.
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Updates from our international network
EU Commission publishes FAQ on the Empowering Consumers Directive – Some clarity and remaining open questions
The EU Commission has published a “Question & Answers” document regarding the Empowering Consumers Directive (“EmpCo”). EmpCo amends the Unfair Commercial Practices Directive (“UCPD”) and must be implemented by member states by 27 March 2026. We have previously summarised the new rules introduced by EmpCo here.
In this article, we highlight the most important answers of the Commission FAQ, and outline some of the questions that still remain.
For more information, please contact Constantin Eikel.
Procurement as a strategic lever: Can EU rules deliver competitiveness, green goals and fair markets?
On 15 October 2025, the European Commission published its Evaluation of the EU Public Procurement Directives, which were adopted in 2014.
With an average annual value of EUR 616 billion, i.e. three times the size of the EU budget, the EU Public Procurement Directives govern a substantial portion of public authorities within the EU. The aim of these Public Procurement Directives is to ensure efficient public spending, competition, and anti-corruption, which are important for the EU internal market to function properly.
Read the full story
For more information, please contact Janneke Kohlen, Sander Wagemakers and Quirijn Mohr.
EU: The S-factor of Omnibus I – Key takeaways from an HR compliance perspective on the overhaul of CSRD and CSDDD
On 13 November 2025, the European Parliament adopted its negotiating position on the first Omnibus Package with 382 votes in favour and 249 against. This vote marks the most ambitious attempt so far to scale back the EU’s sustainability legislation. If implemented, it would significantly reduce both the number of companies subject to the Corporate Sustainability Reporting Directive (‘CSRD’) and the obligations under the Corporate Sustainability Due Diligence Directive (‘CSDDD’). Trilogue negotiations are starting, and a political agreement is expected before the end of the year.
Read the full story
For more information, please contact Pauline Kuipers, Jehan de Wasseige and Sander Wagemakers.
Out of the woods? The EUDR postponed and simplified
After months of discussions and uncertainty, the revised Deforestation Regulation 2025/2650 (EUDR) was adopted and has been published in the EU Official Journal on 23 December 2025; just in time before the first EUDR would have become applicable on 30 December 2025. The revised EUDR not only fully delays the initial applicability date but also contains some major changes and “simplifications”, which were not even proposed by the European Commission.
Read the full story
For more information, please contact Pauline Kuipers and Sander Wagemakers.
EUDR update: Council proposes pragmatic approach to postpone and simplify the application
Read the full story
For more information, please contact Pauline Kuipers, Nicolas Carbonnelle and Sander Wagemakers.
Germany: Planned new regulation of the concept of customer installations in the Energy Industry Act – Legal certainty through transitional regulation?
Instead of adapting the content of the definition of customer systems to the recent case law of the ECJ and the Federal Court of Justice, a current draft law now provides for a transitional regulation for existing plants. In this way, the legislature should have more time to develop a substantive solution. Even if dogmatically attackable, the interim solution solves the most pressing issues and offers time for operators to clarify the facts about their customer investments in order to be able to react quickly when the final solution comes.
Read the full story
For more information, please contact Dr. Matthias Lang, Anja Holtermann, LL.M. and Dr. Tobias Büscher.
Brussels Court orders climate-driven moratorium on large urban development projects
On 29 October 2025, the Brussels Tribunal of First Instance (the “Court”) delivered a groundbreaking judgment ordering the Brussels-Capital Region (“RBC”) to implement a moratorium on urbanization and impermeabilization of undeveloped sites exceeding 0.5 hectares. The moratorium must remain in effect until adoption of the revised Regional Land Use Plan (“PRAS”) or 31 December 2026, whichever occurs first. The Court found that the RBC had breached its general duty of care by failing to adequately protect natural carbon sinks and continuing to authorize development that reduces the territory's greenhouse gas absorption capacity.
Read the full story
For more information, please contact Clément Dekemexhe, Kevin Munungu Lungungu and Maarten Princen.
Germany: Privilege created for outdoor energy storage facilities
The draft law on the explicit privilege of underground heat, hydrogen and battery storage systems has been approved by the Bundestag. This should make the tedious discussions on the permissibility of heat and hydrogen plants and, in particular, large-scale battery storage systems in outdoor areas and without a development plan, which unnecessarily delay the approval procedures, a thing of the past.
Read the full story
For more information, please contact Dr. Matthias Lang, Anja Holtermann, LL.M. and Dr. Tobias Büscher.
EU: Next station for the Omnibus I package – Entering trilogue negotiations with the EP's compromise
Read the full story
For more information, please contact Pauline Kuipers and Sander Wagemakers.
Germany: No connection at this number? – Questions (and answers) on the regulatory treatment of electricity storage systems
The regulatory framework for dealing with large-scale battery storage systems (BESS) continues to raise many questions in practice. The extremely high number of requests for grid connections for BESS projects cannot be solved in the short term to everyone's satisfaction, even with the best will on the part of the grid operators. In addition to the privileging of BESS projects in the outdoor area under building law – even after the decision of the Federal Court of Justice – questions about the construction cost subsidy and the basics of the grid connection procedure are mostly discussed.
Read the full story
For more information, please contact Dr. Matthias Lang, Anja Holtermann, LL.M. and Genessa Chew.
EU: When the climate changes, so must States – ECtHR demands climate risk assessment by governments
What are the obligations of States regarding climate change within the context of human rights law protection?
On 28 October 2025, the European Court of Human Rights (the Court) issued a judgment against Norway (application no. 34068/21), which, in brief, establishes that under Article 8 of the European Convention of Human Rights and Fundamental Freedoms (ECHR), the approval of new petroleum production projects requires a comprehensive climate assessment (CCA) either at the exploration stage or, in case the extraction of petroleum (i.e. fossil fuels) is subject to a separate approval decision, before the commencement of the production stage.
Read the full story
For more information, please contact Pauline Kuipers, Paul Waszink, Matthijs van Leeuwen and Sander Wagemakers.
Blockchain applications for corporate PPAs
Blockchain presents a highly secure system for the execution of transactions and the recording of information. There are some strong use cases for blockchain in the energy sector; many of these relating to PPAs.
Read the full story
For more information, please contact Hadrien Espiard and Kathryn Parker.
