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DLA Piper

AUGUSTINERSTRASSE 10, 50667 COLOGNE, GERMANY
Tel:
Work +49 221 277 277 0
Fax:
Fax +49 221 277 277 10
Email:
Web:
www.dlapiper.com/germany

Michael Cieslarczyk

Tel:
Work +49 221 277 277 341
Email:
DLA Piper LLP (US)

Work Department

Finance and Projects

Position

Michael Cieslarczyk has long-standing experience in energy contracts, in infrastructure projects and in relation to the implications of banking, capital markets and exchange laws on the energy sector. He has also focused on energy and emissions trading activities as well as on supervisory laws for banking and financial services institutions active in energy and emissions trading. Michael is also heavily involved in the context of renewable energy projects. He advises in relation to regulatory aspects and represents clients in proceedings in front of the competent supervisory authorities as well as in contentious proceedings. Michael heads the German Finance & Projects group as well as the German Energy Team and - as EMEA Energy Sector Head - is also responsible for DLA Pipers' energy sector activities in the EMEA region.

Career

In the context of energy contracts, Michael advises in relation to (virtual) participations in power plants, long term power supply, gas supply, gas storage, gas import and transportation/ transit agreements (including advice on price reviews and in the course of related litigation and arbitration proceedings). In the context of power plant projects he advises especially in relation to the fuel supply, energy-off-take and other project agreements as well as in relation to the project financing of such projects. He has been involved in the establishment of the first German power exchange and in the merger of the German power exchanges and advises domestic and foreign market participants (energy trading companies, investment banks, energy supply companies and associations) concerning energy and emissions trading activities on the physical and financial markets. In the context of energy and emissions trading, Michael advises in relation to structured products but also in relation to standard master agreements common on the energy markets (especially on the EFET Gas and Power General Agreements, the ISDA Master Agreements, the German Master Agreement for Financial Futures Transactions as well as in relation to the annexes for emissions trading and Cross-Product Master Netting and Credit Support agreements) and the regulatory environment (including REMIT, EMIR, MiFID etc.). Michael assists clients in the context of participation in exchange trading and regarding clearing memberships in Germany and abroad. He is also very active in relation to renewable energies. Michael works for a broad range of domestic and international market participants in connection with the activities identified above, including energy supply companies, network operators, energy trading companies, investment banks, project companies, investors and associations.


Germany: Industry focus

Energy

Within: Energy

Michael Cieslarczyk leads the team at DLA Piper, which advises domestic and international clients, including Fluxys, First Solar, Gasunie and Trianel, on the spectrum of energy law with particular expertise in transactions in the renewable energy segment. Other areas of focus are energy contract law and energy and emissions trading; the team regularly handles high-volume arbitration proceedings in this space. The ‘experienced’ team, which is noted for its ‘excellent industry expertise’, recently advised Aggregated Micro Power on the planned acquisition of a battery storage power plant and assisted ERG with the acquisition of Windpark Linda, the owner of the project rights for a 21.6MW wind project, including the project development documentation, construction contract and turbine supply contract. Key client EWE regularly instructs the firm on general regulatory and energy contract law matters as well as in the context of electromobility. Stefan Schröder and Timo Betjemann were promoted to counsel. Wolfram Distler left for Weil, Gotshal & Manges LLP.

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Legal Developments by:
DLA Piper LLP (US)

  • Sentencing guidelines for corporate manslaughter

    In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.

    - DLA Piper UK LLP

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