Thomas Burmeister
Biography
Overview
Thomas Burmeister is head of the German Energy & Infrastructure Team and head of European Utilities of our Global Energy Group.
His practice focuses on energy and infrastructure transactions and all commercial and regulatory issues along the energy value chain, including contract law, grid regulation and energy transition including renewable energy. In addition to his advisory work, Thomas Burmeister also represents his clients in numerous proceedings before authorities and courts.
Thomas has more than 20 years of experience in advising in the Energy & Infrastructure sector and before joining White & Case worked as a partner at another leading global law firm.
Throughout the last two decades, Thomas has been advising on M&A transactions shaping the European Energy sector such as natural gas pipelines and power transmission networks, offshore windfarms and joint ventures and projects in all areas of renewable energies, or emerging technologies such as electric vehicles, smart grids and hydrogen.
Thomas has also represented clients in landmark litigation procedures, including before the Federal High Court (e.g. on network regulation, price adjustment clauses or the Renewable Energies Act), the Federal Constitutional Court (on network regulation) and the European Court of Justice (e.g. price adjustment clauses, network regulation and the Renewable Energies Act).
Experience
Advised EnBW Energie Baden-Württemberg AG (EnBW) on the sale of its second minority shareholding of 24.95% in the transmission system operator TransnetBW GmbH (TransnetBW) to KfW.
Advised a Prax Group, a multinational, independent energy group on its acquisition of OIL! Tankstellen GmbH, a petrol station operator with subsidiaries and activities in Germany, Switzerland, Austria and Denmark, from Mabanaft GmbH & Co. KG, an energy company belonging to the Marquard & Bahls Group.
Advising EnBW Energie Baden-Württemberg AG on the sale of a 24.95 percent minority shareholding in transmission system operator TransnetBW Gmbh (TransnetBW) to Südwest Konsortium Holding GmbH.
Advising Fluxys SA on the acquisition of a minority stake of about 25% in Open Grid Europe from Macquarie.
Representation of institutional investors advised by the Global Infrastructure group at J.P. Morgan Asset Management, on its acquisition of GETEC, one of Europe's leading sustainable energy service companies for real estate and industrial customers (including related acquisition financing at both senior and junior levels).
Advising an international energy company in connection with the generation, use and grid feed-in of "green" hydrogen, in particular against the background of the statutory requirements under the German Renewable Energy Sources Act 2021 ("EEG 2021"), the implementation of the RED II by the German Pollution Control Act 2021 ("BlmSchG 2021") and the revised German Energy Industry Act ("EnWG 2021"), which was amended by summer 2021.
Advising 50Hertz Transmission GmbH in preliminary ruling proceedings before the European Court of Justice in connection with questions concerning the legal classification of renewable energy generation plants under European law.
Advising TransnetBW GmbH before the ACER Board of Appeal against ACER's decision regarding cost sharing method for redispatching and countertrading and respective application for annulment in front of the European General Court.
Advising EWE AG, one of Germany's largest municipal enterprises, on the establishment of a joint venture with the Aloys Wobben Stiftung, major shareholder of the wind turbine manufacturer ENERCON, for the operation, planning and development of wind farms. This includes the transfer of all major wind farms and pipeline projects owned by both joint venture partners to the joint venture with the goal to become one of the leading green energy providers in Germany and France with a total investment volume of EUR 4 billion by 2030.
Advising the German/Swedish interconnector Baltic Cable AB on its structuring in accordance with the German and European legal framework for regulated network operators, including cross jurisdictional advice on capacity allocation methodologies.
Representation of a group of network operators in model proceedings before the Federal Court of Justice (BGH) regarding the determination of equity yield rates by the German Federal Network Agency.
Advising Statkraft on the acquisition of E-WALD GmbH, an EV charging company, and a majority stake in eeMobility GmbH, a company that offers intelligent complete packages for charging electric vehicles for commercial fleets.
Advising an international energy company in connection with the production, use and supply of green hydrogen, especially against the background of the new legal requirements of the German Renewable Energy Sources Act 2021 (EEG).
"Legal commentary on sec 35a – 35g, 65 – 68, 69 – 74 of the German Energy Industry Act (Kommentierung zu §§ 35a-g, §§ 65-68 und §§ 69-74 EnWG)", Energiewirtschaftsgesetz, Ed. Bourwieg/Hellermann/Hermes, 4th edition 2023
Co-author, "Further Europeanisation of the network sector by the Clean Energy Package (Zur weiteren Europäisierung der Netzwirtschaft durch das Clean Energy Package)", RdE 2021, p. 179-189 (with Petra Kistner)
Co-author, "Regulation of Interconnectors – ECJ ruling of 11 March 2020 (Regulierung von Interkonnektoren – Erkenntnisse aus dem Baltic Cable-Urteil des EuGH vom 11.03.2020)", ER EnergieRecht, Issue 6/2020, p. 231-237 (with Petra Kistner)
„Reformatio in peius of revenue caps in court proceedings" (Die Verböserung der Festlegung von Erlösobergrenzen als Folge gerichtlicher Beschwerdeverfahren), „Commemorative publication for Ulrich Büdenbender – Law and Energy (Recht und Energie – Lieber Amicorum für Ulrich Büdenbender zum 70. Geburtstag)", Walter de Gruyter GmbH Berlin 2018
"Legal commentary on sec 75 – 88, 102 - 108 of the German Energy Industry Act (Kommentierung zu §§ 75-88, 102-108 EnWG)", Praxiskommentar EnWG. Ed. Peter Rosin et al., Loose Leaf System, Status: 2013
Co-author, "Shaping the 'Energiewende' (Die Energiewende mitgestalten)", azur100, Top-Arbeitgeber, 2012 (with Guido Hermeier)
Co-author, "German Renewable Energy Act – EEG creates incentives for offshore (EEG-Novelle schafft Anreize für Offshore)", dow jones energy weekly, Nr. 31, 2008 (with M. Elspaß)
Co-author, "Network charges between cost-orientation and incentive regulation (Netzentgelte zwischen Kostenorientierung und Anreizregulierung)", RdE, Issue 12, 2007 (with U. Büdenbender, P. Rosin and M. Elspaß)
"Grid use and balancing group system (Netznutzung und Bilanzkreissystem)", Energiehandel – Praxishandbuch. Ed. Horstmann/Cieslarczyk, 2005
Best Lawyers/Handelsblatt 2009-2023, Energy Law, Mergers and Acquisitions Law, Oil and Gas Law
Leading lawyer for Energy regulatory,
JUVE 2022/2023
Highly recommended lawyer for Energy transactions/financings,
JUVE 2022/2023
Hall of Fame for Energy, The Legal 500 Germany 2023
Leading Individual for Energy,
Chambers Europe Germany, ranked since 2007
