Dr. Hermann Rothfuchs

I am a partner and member of both our international Energy and Utilities Sector Group and our Regulatory and Administrative Practice Group. What sets me apart is my in-depth legal expertise in combination with a keen sense of the challenges faced by industries which have to succeed in a largely regulated environment.

My practice focuses on construction, energy, regulatory and environmental law. My clients include developers and operators of (energy) infrastructure facilities as well as general contractors. In addition, I advise and represent manufacturers from various industrial sectors (e.g. automotive, IT) on questions of energy supply and of product quality.

I offer our clients a deep understanding of the legal challenges associated with planning, tendering, constructing and operating infrastructure facilities, primarily in the context of the generation, transport, distribution and consumption of energy, including grid connection and grid expansion. I also focus on the implementation of energy storage projects.

Another focus of my practice is on advising manufacturers from various industry sectors. This concerns the energy supply of their locations and – particularly at the intersection with environmental law – the life-cycle management of the manufactured products.

I advise in and out of court, including – as a specialist lawyer for administrative law – on administrative proceedings.

In addition to my involvement in projects, I speak on the topics concerning my consulting practice and contribute to relevant publications.

Before joining our firm, I was a lawyer and partner of a German law firm in the field of construction and procurement law (2001 to 2007) and a research associate in the German Bundestag (1999 and 2000).

• Infrastructure and energy supply:
• Representation in contractual disputes on the implementation of existing and the negotiation of future contracts for grid connection of offshore wind parks.
• Advising and representing a waste recycling company (waste incineration plant operator) in the negotiation of contracts to expand the existing waste incineration plant, including the negotiation of the relevant construction contracts.
• Advising an international battery storage project on contract law in the procurement procedure prior to signing the respective contract to construct the storage facility.
• Examination of energy law issues, including those pertaining to heat and power co-generation, in accordance with statutory transitional provisions in the context of the company headquarters' energy supply and representation in a dispute with the energy supplier including the network operator.
• Representation in numerous Preliminary Injunction proceedings in the context of awarding concessions for the operation of distribution grids (mainly electricity and gas).
• Product-related environmental law:
• Energy: Advising in the context of dealing with the competent authority for alleged non-conformity of components for PV systems with the requirements of the EMVG (German electromagnetic compatibility law).
• Automotive: Advising on conformity of car components intended for use in emobility with the requirements of the Low Voltage Directive and with the national legislation implementing the Directives, also on prerequisites for their being put onto the market in the context of emobility.
• Automotive: Advising on the conformity of other car components already on the market with the Directive on the provision of radio equipment (RED), the Low Voltage Directive, the WEEE Directive and with the national legislation implementing the Directives (German radio equipment law, electrical and electronic equipment act and first regulation concerning the law on product safety).
• Medicine: Advising in connection with various aspects of product conformity with the requirements of the WEEE Directive and the national implementation acts (German electrical and electronic equipment act), in particular with regard to the labeling requirements of the manufacturer.
• IT: Advising various manufacturers on the regulatory requirements for the placing on the market of hardware products (e.g. electromagnetic compatibility), both in relation to new products and those already on the market which are or may be the subject of regulatory action.