On behalf of the German Wind and Solar Agency, DOMBERT Rechtsanwälte has developed a model contract for flexible grid connection agreements (FCAs). Grid operators and players in the energy industry can use this model contract with immediate effect, to conclude flexible grid connection agreements with legal certainty. The agreement was developed in close technical cooperation with a working group of grid operators, renewable energy industry associations, energy industry associations and project developers in order to achieve the broadest possible acceptance. The model contract with further application notes is available here here.

FCAs offer the possibility of connecting a higher system output to the grid connection point than it can absorb at any given time, because wind and solar systems, for example, rarely feed in their full installed output simultaneously and continuously and the respective feed-in can be reduced to the permitted connection capacity if necessary using technical measuring, control and limiting devices. The model contract thus addresses one of the most pressing problems of the energy transition: The hitherto very scarce grid connection capacities. The flexible grid connection agreement legally and technically ensures that the maximum capacity of the grid is not exceeded at any time. The model contract enables the contracting parties to conclude individual agreements more quickly and smoothly if they are based on the model contract. However, even if the model contract is used, it will regularly be necessary to obtain legal advice and have the specific agreement reviewed on a case-by-case basis due to the complex legal and factual framework conditions.

„In recent months, all those involved have broken new legal and technical ground in many respects,” says Rechtsanwalt Tobias Roß, who was in charge of the project on behalf of DOMBERT. „All the more reason for us to hope that the agreed regulatory proposals will provide a good basis for easing the grid connection bottleneck situation in practice and thus contribute to a secure and affordable energy supply from renewable energies. A suitable instrument is now available.”

The Agency for Wind and Solar will publish further sample contracts in the course of 2026. A multi-page model contract is planned (several system operators can be contractual partners of the grid operator) as well as a cooperation agreement (contract that regulates the legal relationships between the participating system operators, e.g. liability).