This section contains energy law case studies: typical matters that electricity market participants bring to us. Our clients include generators, renewable plants among them, traders, suppliers, industrial consumers, storage operators and aggregators. We describe each situation so that you can recognise your own task. At the same time, we keep attorney-client privilege intact.
How we write energy law case studies
Each description follows the same structure. Therefore, it is easy to compare one situation with another.
- Situation. What happened and who made the demand: the Regulator, the AMCU, the tax authority or a counterparty.
- Objective. What the client wanted to achieve and by when.
- Actions. Which steps we proposed and in what order.
- Factors. What shaped the matter: documents, case law and the parties’ positions.
Attorney-client privilege and confidentiality
We do not name clients or disclose details that would identify them. Privilege is protected by the Law of Ukraine “On the Bar and Practice of Law”. Consequently, without the client’s separate consent we publish no names, amounts or case numbers. Instead, we generalise the facts and keep only what is useful to other market participants.
Why there are no headline numbers
The outcome of every matter depends on its facts. So win rates or “millions recovered” say nothing about your situation. Moreover, numbers like these can easily mislead. We take a different approach: we show how we work and speak honestly about risk.
Typical energy law case studies
Regulatory matters
For example, objections to a NEURC inspection report, appeals against fines and licence condition issues. In these matters it is vital to collect documents quickly and meet the deadlines. You also need to decide whether to appeal in court or resolve the issue with the Regulator.
Settlement disputes
These include disputes over imbalances, debts for supplied electricity and feed-in tariff payments. As a rule, commercial courts hear such cases.
Tax and antitrust matters
We also describe support during tax audits, challenges to tax assessment notices and AMCU clearance for energy asset deals.
What energy law case studies can tell you
A good case study answers practical questions. First, which documents proved decisive. Second, at what stage a lawyer should have been involved. Third, which mistakes to avoid. For example, in regulatory matters a late or incomplete reply to a request often does harm. In settlement disputes, by contrast, well-kept correspondence tends to be decisive.
Case studies also show how different practices combine in one matter. In particular, a settlement dispute may have tax consequences, and an asset deal may require AMCU clearance.
How to use the case studies
First, find a situation similar to yours. Then look at the factors that shaped it. Bear in mind, however, that even a similar case does not guarantee the same result. For that reason, assessing your situation requires a conversation with a lawyer.
Discuss your situation
Call +380 77 172 27 45 or message that number on Telegram, Viber or WhatsApp. You can also email office@devoso.info or choose a time on the booking page. For topic-by-topic analysis, visit our blog, and for practice areas see the energy practice. In short, these case studies are a starting point for a conversation, not a ready answer.