ENERGY PRODUCERS, SUPPLIERS AND DISTRIBUTORS

We can be of particular benefit to your business by providing comprehensive legal advice in all sub-areas of energy law. In this way, we already assist clients from the ranks of manufacturers, distributors (including local distributors), suppliers and intermediaries in the energy sectors in their business activities.

Commencement, performance and termination of licensed activities in the energy sectors

• analysis and selection of a suitable form of business, establishment and formation of a business corporation, including representation in negotiations with the relevant institutions
• ensuring a business authorization (license, trade license), including preparation and completion of documentation to prove legal capacity and integrity, professional competence, financial and technical prerequisites, ownership or use rights to energy equipment, etc.
• ensuring a change or extension of the business authorisation, ensuring the continuation of the licensed activity for a successor in the event of the transformation of a legal entity or death of a natural person
• advising on the ongoing fulfilment of specific legal obligations arising from the national and European legislation in the field of energy
• setting up and reviewing contractual documentation with other energy market participants - connection contracts, energy supply contracts, energy supply service agreements, power purchase agreements from PV plants, etc.
• coordination of the process of termination of the licensed activity (termination of the licence, transfer of part of the business establishment, assignment of contracts to a third party, etc.), or coordination of the process of dissolution (with or without liquidation) and termination of the business corporation

Protection of rights in proceedings at state authorities

• representation during an inspection by the Energy Regulatory Office (ERO) or the State Energy Inspectorate (SEI) - analysis of the initial situation, proposal for elimination of identified deficiencies, negotiations with the ERO or SEI and supervision of the lawful conduct of the inspection, defence against the inspection report in the form of objections to the inspection findings
• representation in administrative proceedings following an inspection - negotiations with the ERO or SEI, supervision of the lawful conduct of the inspection, filing of appeals
• representation in disputes with other energy market participants before the courts and the Energy Regulatory Authority
• representation in disputes with state authorities before the courts
• defence in overcompensation audits - representation in sectoral investigations, in SEI audits, in follow-up proceedings for fines or measures against overcompensation

Any other legal issues that by their nature fall into the category of corporate law, data protection (GDPR), labour law or corporate bond issuance.

Who have we helped recently?

We have set up a process of electronic conclusion of energy supply contracts, thanks to which the energy supplier acts without the cooperation of an intermediary and has the whole process of concluding an energy supply contract under its control.

We have prepared a corporate bond issue for energy suppliers. This gave them the opportunity to finance the implementation of their new projects in the energy sector in a different way than by accepting and fulfilling the conditions of loan financing from the bank.

In the administrative proceedings before the Energy Regulatory Authority, our defence of the energy intermediary against the imposition of a fine of CZK 1,000,000 was successful (the appellate administrative authority found us right that the intermediary had not committed aggressive business practices and subsequently annulled the decision of the first instance authority on the grounds that it had not even supported the case with sufficient evidence).

We have also represented intermediaries in the energy sectors in defending against unfair competitive conduct by another intermediary, which took place via internet publication.

We represented municipalities, towns and their organisations (especially schools) in court proceedings against energy suppliers with whom the energy sector intermediary, Energie pod kontrolou, o.p.s., concluded supply contracts on behalf of clients.