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Claire Dietz-Polte

Dr. Claire Dietz-Polte LL.M.

Partner
Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern

Biography

Claire Dietz-Polte is a partner in Baker McKenzie's Transactional practice group. Claire is co-head of the German Energy & Infrastructure practice and EMEA Sustainability Lead of the Industrials, Manufacturing & Transportation Industry Group. Claire started her career in 2011 in the Energy M&A team of a leading international law firm and worked in the M&A / Energy & Infrastructure practice group of another international law firm from 2013 to 2016.

Practice Focus

Claire advises domestic and foreign companies, sponsors, banks and financial investors on M&A transactions, joint ventures, projects and related financing in the energy and infrastructure sector. She has extensive expertise and experience in generation assets (renewable energy, gas, coal, nuclear), storage (battery, gas, oil) and grids (fiber, transmission, long-distance and distribution). Claire also advises in all phases of project development (especially for renewable energy systems, battery storage and data centers), from project structuring and financing to share or asset deal transactions and (corporate) PPAs.

In addition, Claire focuses on the implementation of projects and service agreements in the future mobility sector (electromobility, micro mobility). She is a member of Baker McKenzie's Future Mobility Group.

Claire's practice also includes advising on energy and media supply contracts as well as infrastructure (usage) contracts. Furthermore, she advises comprehensively on regulatory issues (e.g. unbundling, access regulations for third parties) in the energy and infrastructure sector.

Representative Legal Matters

  • Advised a major European energy supplier with respect to the further growth of its onshore renewables business in Germany, including advising on all issues related to the planning, implementation and operation of renewables projects and PPAs.
  • Advised Intel with respect to energy & infrastructure related issues in the context of the planned construction of a state-of-the-art mega semiconductor plant in Magdeburg with an investment volume of around EUR 30 billion, whereby Intel was to receive a subsidy of almost EUR 17 billion initially.
  • Advised an investment group focusing on sustainable investments on the project development of biogas plants (initially with a focus on DACH, later Europe-wide) together with a partner who has developed a novel technology to produce biogas from organic waste, in particular on the cooperation agreement, the licence agreement, the EPCM agreement and the tax structuring.
  • Advised an oil and gas producer on a project for the comprehensive restructuring of the Carbon Capture and Storage (CCS) and Hydrogen business areas, including the activities in Denmark, Germany, the Netherlands, Norway and the UK, based on a due diligence of the business areas focusing on tax, corporate and regulatory issues.
  • Advised Terra One Climate Solutions GmbH on the conclusion of a framework agreement with S4Energy, a Dutch subsidiary of Castleton Commodities International (CCI), for the sale of ten battery energy storage systems (BESS).
  • Advised EP Power Europe on the acquisition of the STEAG Power Minerals Group.
  • Advised a Korean car manufacturer on its investment into a German hydrogen lighthouse project, including due diligence on the project set-up and the hydrogen purchase agreement.
  • Advised the New Energies Division of Royal Dutch Shell plc on the acquisition of the majority stake in sonnen, a leading company for intelligent energy storage systems and innovative energy services.
  • Advised Macquarie on the acquisition of Forliance, a German company that develops and manages climate protection projects worldwide and trades in voluntary emission certificates.
  • Advised the joint holding company of two infrastructure funds on the acquisition of six battery storage projects in Saxony, Thuringia, Bavaria, and North Rhine-Westphalia, Germany, and the further project development, including all project agreements (EPC, O&M, marketing agreements).
  • Advised a company developing and managing climate protection projects and trading with emission certificates with respect to contractual issues, template agreements for the cooperation with carbon project developers and for the sale/purchase of carbon credits as well as the implementation of Gold Standard Rules in the purchase and sales agreements.
  • Advised an advisory company for the financing of climate protection projects with respect to purchase agreements for emission certificates concluded with a car manufacturer.

Professional Associations and Memberships

  • German-American Lawyers' Association - Member

Admissions

  • Germany (2011)

Education

  • Fordham University School of Law (LL.M.) (2011)
  • State of Berlin (Second State Exam) (2010)
  • Humboldt University of Berlin (Doctor Iuris) (2009)
  • Free University of Berlin (First State Exam) (2006)

Languages

  • English
  • German
  • Co-author (with Holger Lutz), "Öffentliche Ladestationen - Wer sind die Aktuere und Zeitschrift für das Recht der Digitalen Wirtschaft," 2nd edition, Heft 1, January 2022

  • Co-author, "Unbundling of Grids," Electricity Grids: Legal and Economic Aspects, 2014

Firm Committee Memberships

  • EMEA Projects Steering Committee - Member
  • EMEA EMI Steering Committee - Member
  • Global Renewables Subcommittee - Member