With Section 17e of the Energy Industry Act (EnWG), the legislature intended to create clear compensation regulations for offshore wind farm operators in the event of delays, disruptions, or maintenance of grid connections. In practice, however, the application of the provision is complex, case law is inconsistent, and the impact on investment decisions is significant.

Together with Thorsten Kirch, Counsel at GÖRG Rechtsanwälte, we will examine the current legal situation and recent court decisions. The focus will be on how existing compensation mechanisms need to be further developed to ensure planning security for operators and not jeopardize the expansion of offshore wind energy.