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Dr. Claire Dietz-Polte LL.M.

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Claire Dietz-Polte is a partner in Baker McKenzie's Public Law and Projects practice and co-head of the German energy and infrastructure practice. Claire leads the GER-AUT Energy, Mining & Infrastructure Industry Group and is EMEA Sustainability Lead of the Industrials, Manufacturing & Transportation Industry Group. Claire started her career in 2011 in the Energy M&A team of a leading international law firm and worked in the M&A / Energy & Infrastructure practice group of another international law firm from 2013 to 2016.

With the Climate Protection Contracts (Klimaschutzverträge) program (also known as Carbon Contracts for Difference program), Germany has been relying on an innovative instrument to ensure (climate-neutral) competitiveness since 2023. Following the largely positive reception of the first bidding round and the European Commission’s approval under state aid law on 24 March 2025, the course is now set for the implementation of the second bidding round. According to the latest reports, the new federal government also seems to want to give the final green light for the continuation of the program.

With its preliminary ruling of 28 November 2024, the European Court of Justice (ECJ) has set clear limits to Germany’s special approach of exempting self-consumption facilities (Kundenanlagen) from grid regulation. Self-consumption facilities not only comprise facilities generating energy for self-consumption, but also facilities for supplying energy to adjacent customers without using the public grid. The ECJ’s reasoning is likely to have general consequences for decentralized supply concepts (at least for the supply of third parties other than the operator of the generating installation), e.g., in commercial and industrial parks.

On 8 December 2023, the Federal Ministry for Economic Affairs and Climate Action (BMWK) presented its energy storage strategy. The strategy paper provides an overview of the measures and challenges involved in establishing energy storage systems. The energy storage strategy aims to promote the expansion and integration of energy storage systems and thus support the energy transition.

On 5 February 2024, Federal Chancellor Olaf Scholz, Economy Minister Robert Habeck and Finance Minister Christian Lindner agreed on the key elements of a new power plant strategy (Kraftwerksstrategie). While the political agreement must still be followed by a specific legislative proposal, details of the power plant strategy became available through a press release from Germany’s Federal Ministry for Economic Affairs and Climate Action (BMWK).

The transition to a carbon-neutral economy is a seismic shift on a global scale, leaving no sector untouched. The urgent strategic, operational and reputational challenges are considerable, but so are the opportunities for growth. We are happy to invite you to
Transform Powerfully: Baker McKenzie Energy Transition Dialogue
Navigating your energy transition journey: Opportunities and challenges for suppliers, industrials and other market players
Thursday, 25 January 2024, 12:00 pm to 7:00 pm CET
Baker McKenzie, Neuer Zollhof 2, 40221 Dusseldorf, Germany

Germany is taking further steps with regard to developing a national hydrogen infrastructure. On 19 June 2023, the Federal Government published respective draft legislation that provides for the development of a hydrogen core grid. The Bundesrat (one of the two legislative chambers in Germany representing the German states) issued an essentially positive statement on this draft. The legislation is expected to be adopted soon.

In this virtual event, Baker McKenzie lawyers shared their views and covered topics on how companies can protect their digital property, how digital solutions can be safely utilized and the regulatory implications of data usage for a business. Guest speakers also discussed considerations on how they are dealing with an ever-evolving digital environment and the regulatory implications to consider when organizations adapt new technologies and manage data usage.

The H2Global Foundation announced on 8 December 2022 the launch by its wholly-owned subsidiary, HINT.CO GmbH, its first procurement procedure for the import of green ammonia into Europe. This procedure is intended to provide an innovative and efficient funding instrument, backed by EUR 900 million provided by the German Federal Ministry for Economic Affairs and Climate Protection, with further funding planned for 2023. This is the first global tender procedure of its kind. The deadline for application is 7 February 2023.

As battery energy storage systems become increasingly crucial to grid resilience and a key driver in the race to achieving the Net Zero target by 2050, the case for energy companies to consider battery storage as a valuable addition to their sustainable investments portfolios is very strong.
In this episode we explore key challenges and opportunities when developing battery storage initiatives in EU markets, regulatory frameworks for battery storage investments and support schemes that make a significant difference to the success of an energy company’s projects.