- Home
- News & insights
- Insights
- Hydrogen Acceleratio…
- On this page
28 May 2026
Publication series – 87 of 86 Insights
Hydrogen Acceleration Act
- Briefing
Co author: Clara Seitz (Research Assistant)
A. Goal – Ramp-up of the hydrogen economy
The Hydrogen Acceleration Act aims to improve the legal framework for the rapid development and expansion of hydrogen infrastructure. The focus is on the production, storage, import and transport of hydrogen. The goal is to advance the ramp-up of the hydrogen economy as a whole.
Until now, the expansion of the hydrogen economy has been significantly delayed by lengthy and complex permitting procedures and a lack of clear prioritisation rules. The draft act addresses this by creating simplified and accelerated procedures with binding structures, thereby providing more reliable framework conditions for the market ramp-up of hydrogen.
The core of the Act consists of procedural facilitations along the entire hydrogen supply chain: from production to import, storage and transport of hydrogen.
In the explanatory memorandum to the Act, climate neutrally produced hydrogen is assigned a central role in a future, resilient and climate neutral energy system. This is particularly relevant for sectors in which direct electrification is not possible or is not economically viable, such as the steel industry, parts of the chemical industry and air, shipping and heavy duty transport.
The Act also stands in the context of the challenges in achieving the 2030 Agenda and emphasises its contribution to climate protection, in particular to Sustainable Development Goal 13 (“Climate action”), as well as to national climate targets, above all the goal of greenhouse gas neutrality by 2045 under the Federal Climate Protection Act.
The scope of the Act is deliberately limited to infrastructure. In the legislative process, the Bundesrat called for the scope to be extended to industrial end use installations for hydrogen (BT printed matter 21/3203), but the Bundestag rejected this, arguing that the explicit aim of the Act is to regulate the production and provision of hydrogen.
B. Central provisions
I. Overriding public interest
A key instrument for accelerating procedures is the determination in Section 4 (1) Hydrogen Acceleration Act that the construction and operation of certain hydrogen installations and pipelines are in the overriding public interest and serve public security until greenhouse gas neutrality is achieved in 2045. Moreover, they are accorded priority in the balancing of protected interests.
This priority, which has so far mainly been known from Section 2 of the Renewable Energy Sources Act in favour of renewable energies, has proved practically effective e.g. in tensions between nature and species protection on the one hand and the energy transition (and thus climate protection) and security of supply on the other.
According to Section 4 (2) and (3) Hydrogen Acceleration Act, however, the overriding public interest does not apply in particular where water management interests, such as public water supply or the water balance, would be significantly impaired by water abstraction by hydrogen installations (in the context of electrolysis). Nor does the priority in balancing apply vis à vis interests of national and alliance defence.
II. Acceleration of procedures and digitalisation
Another focus of the Hydrogen Acceleration Act is the digitalisation and streamlining of administrative procedures. For example, according to Section 5 Hydrogen Acceleration Act, the EIA report must be submitted exclusively in electronic form.
In addition, adjustments are made in various sectoral laws:
- In the Federal Immission Control Act (Section 16c BImSchG), it is clarified that permitting procedures for corresponding projects are to be carried out entirely electronically.
- In the Energy Industry Act (Section 43a EnWG), a digitalised hearing procedure with electronic participation is introduced.
- In the Water Resources Act (Section 11c WHG), electronic authorisation and licensing procedures (by corresponding application of Section 11a (4) WHG) are established, with binding decision deadlines for the authority.
However, it should be emphasised that the existing procedural provisions are not fundamentally changed, but are overlaid by supplementary requirements. While this can contribute to acceleration, it also carries the risk of additional complexity for processing by administrative authorities. Any acceleration effect that is actually achieved will depend heavily on the staffing levels and digital equipment of the competent authorities.
III. Public procurement and review procedures
Sections 6 and 7 of the Hydrogen Acceleration Act aim to speed up public procurement and review procedures for hydrogen infrastructure. The existing public procurement law under the Act against Restraints of Competition (GWB) is not replaced but specifically modified and supplemented. In particular, the principles of lot division pursuant to Section 97 (4) GWB are made more flexible and the consequences of ineffectiveness under Section 135 GWB are restricted. At the same time, the review procedures under Sections 155 et seq. GWB are streamlined, for example through simplified decisions based on the file and the elimination of the suspensive effect under section 173 GWB. Overall, this results in a targeted shift in favour of rapid project completion, emphasising the overriding public interest.
IV. Legal remedies and jurisdiction
Pursuant to Section 8 Hydrogen Acceleration Act, objections and actions for annulment against authorisation decisions and against decisions on the early commencement of measures do not have suspensive effect.
Section 9 of the Hydrogen Acceleration Act also concentrates judicial jurisdiction: for certain large scale installations (in particular electrolysers with a capacity of 30 MW or more and storage facilities with a capacity of 25 tonnes or more), the Higher Administrative Courts are competent at first instance. Import installations and their pipelines fall directly within the jurisdiction of the Federal Administrative Court. This eliminates proceedings before the Lower Administrative Courts and is intended to reduce overall procedure times. Section 9 and the concentration of jurisdiction are intended to avoid lengthy chains of instances, enable faster and more uniform decisions and thus accelerate the implementation of key hydrogen projects.
C. Ausblick
The Act is largely assessed positively and viewed as an important step towards accelerating the hydrogen ramp up. At the same time, it should be noted that its actual success does not depend solely on procedural simplifications for infrastructure, but also significantly on industrial demand and on suitable funding and financing instruments.
Moreover, in view of current energy policy developments, it remains to be assessed whether the expansion of hydrogen based energy production will receive the necessary political backing. It will therefore need to be re-assessed what practical impact the Act will have had in a couple of months or years time.
In addition, further substantive legal adjustments may be required, for example in planning and building law. In particular, there is discussion as to whether the existing provisions on privileged projects in greenfield areaa (Section 249a BauGB) are sufficient or whether further facilitation is necessary in order to avoid lengthy planning procedures and actually accelerate expansion.
In this series
THG quota 2026/2027 and beyond: What fleet operators need to know now - Focus electromobility
26 May 2026
Integration into the EU electricity market: Switzerland and the EU agree on a wide-ranging agreement
11 May 2026
Revision of energy efficiency requirements for data centres: an overview of the amendment to the Energy Efficiency Act
29 April 2026
Geothermal Energy in Germany: technology, current status and the legal framework for the heat transition
24 April 2026
by Multiple authors
Industrial electricity price: Approval by the European Commission (as of April 2026)
24 April 2026
by Johannes Schaadt-Wambach, LL.M. (Prag), Dr. Markus Böhme, LL.M. (Nottingham)
EEG 2027 – Overview of the Planned Amendment to the Renewable Energy Sources Act
10 March 2026
by Dr. Markus Böhme, LL.M. (Nottingham), Dr. Christian Ertel
The NIS2 Directive: Challenges Renewable Energy Companies
18 February 2026
EU specifies certification of permanent CO₂ removals
11 February 2026
by Dr. Janina Pochhammer, Dr. Niels L. Lange, LL.M. (Stellenbosch)
Electricity Tax Amendment 2025/2026: New rules for BESS, charging infrastructure and renewable energies
14 January 2026
Battery storage systems in outdoor areas - current classification in accordance with § 35 BauGB
19 December 2025
HR compliance in the energy sector – customs authorities step up the fight against sham-employment
15 December 2025
The Current Challenges for Offshore Wind Energy in Germany
2 December 2025
by Multiple authors
Offshore wind in Germany: from market premiums to Contracts for Difference?
28 November 2025
by Multiple authors
Energy Sharing under Section 42 of the German Energy Industry Act (EnWG)
26 November 2025
Bundestag Decides on the Privileging of Battery Storage Facilities in Outdoor Areas under § 35 (1) BauGB
12 November 2025
Industrial electricity price: Initial assessment and opportunities for companies
21 November 2025
by Dr. Markus Böhme, LL.M. (Nottingham), Johannes Schaadt-Wambach, LL.M. (Prag)
FIDIC – An introduction to the FIDIC Suite 2017
22 October 2025
by Multiple authors
The Renewable Energy Expansion Acceleration Act – a boost for the energy transition in Austria?
23 September 2025
Federal Network Agency discussion paper on reforming grid fees for industry and commerce
25 September 2025
by Multiple authors
German-Dutch Treaty on Cross-Border Energy Projects
18 September 2025
by Multiple authors
Energy communities in Austria and the new Electricity Industry Act (ElWG)
15 September 2025
New amendment to the Energy Industry Act (EnWG) introduced in July and August 2025
8 September 2025
Clean Industrial Deal State Aid Framework (CISAF) – a new state aid framework for the green transformation of industry
8 September 2025
by Dr. Michael Brüggemann, Johannes Schaadt-Wambach, LL.M. (Prag)
Industrial electricity prices: initial assessment and opportunities for businesses
18 August 2025
by Johannes Schaadt-Wambach, LL.M. (Prag), Dr. Markus Böhme, LL.M. (Nottingham)
Regulatory Framework for Transmission System Operators in Germany
18 August 2025
by Multiple authors
Court ruling on the effectiveness of availability guarantees for wind turbines
31 July 2025
New Legal Framework for the Commercial Use of Carbon Capture and Storage (CCS) and Carbon Capture and Utilisation (CCU)
11 July 2025
by Multiple authors
Are offshore wind converter platforms a bottleneck in the energy transition? New German government wants to create production capacities at German shipyards
17 June 2025
by Multiple authors
Speeding up the energy transition - the new German government’s plans for gas and steam power plants and its quest for the right technology for renewable energy
8 May 2025
by Multiple authors
Update - Change of government opens the door to carbon capture and storage and carbon capture and utilisation
17 April 2025
by Multiple authors
The special fund for infrastructure and climate protection - what is next?
10 April 2025
by Multiple authors
Changes to CBAM through Omnibus legislative package
10 April 2025
The role of heat probes in the energy transition: Authorisation procedures and potential
26 March 2025
CJEU judgement on customer installations in accordance with Section 3 No. 24a Law on the Energy Industry EnWG
26 March 2025
by Dr. Markus Böhme, LL.M. (Nottingham), Dr. Christian Ertel
Will the new German government open the door for carbon capture and storage?
26 February 2025
by Multiple authors
Waste heat from data centres - new reporting obligations under the EnEfG
6 February 2025
by Multiple authors
Oman and Belgium Sign Landmark MoU on Green Hydrogen Cooperation
11 December 2024
Decision day: Grid fee exemption in customer systems and energy price brake put to the test
28 November 2024
by Dr. Christian Ertel, Dr. Markus Böhme, LL.M. (Nottingham)
Hydrogen core network - The Federal Network Agency’s strategy for the energy transition
11 November 2024
by Multiple authors
Amendment to the Energy Industry Act: changes for energy supply companies and grid and system operators
18 September 2024
by Dr. Christian Ertel, Dr. Markus Böhme, LL.M. (Nottingham)
Standard Essential Patents: A new challenge for the IoT and smart meter world
10 September 2024
Land acquisition and data protection: The importance of the GDPR when project developers request owner data
18 July 2024
by Dr. Patrick Vincent Zurheide, LL.M. (Aberdeen), Dr. Julia Wulff
Municipalities to share profit in wind turbines and ground-mounted photovoltaic systems
11 July 2024
Solar Package I - Overview of Changes to Ground-Mounted and Building-Mounted PV Systems
27 May 2024
Mandatory special charge for open space photovoltaic systems in Brandenburg
21 February 2024
A new era for wind energy investments in Hungary
Power Play: Renewable Energy Update
26 January 2024
Updating the National Hydrogen Strategy
6 November 2023
by Dr. Niels L. Lange, LL.M. (Stellenbosch), Dr. Janina Pochhammer
The new CO2 border adjustment mechanism (Carbon Border Adjustment Mechanism - “CBAM”) - first statutory reporting obligations set for January 2024
Power Play: Renewable Energy Update
3 November 2023
New IT security requirements for the energy sector
Power Play: Renewable Energy Update
1 September 2023
by Dr. Paul Voigt, Lic. en Derecho, CIPP/E, Alexander Schmalenberger, LL.B.
Does monument protection hinder the expansion of renewable energies?
Power Play: Renewable Energy Update
16 August 2023
The amending law to strengthen digitisation in the urban land use planning process and the further expansion of renewable energies
Power Play: Renewable Energy Update
6 July 2023
Challenges for data center operators - The federal government’s draft bill for an energy efficiency act
Power Play: Renewable Energy Update
12 April 2023
by Multiple authors
The Energy Charter Treaty in the Light of the Electricity Price Brake: An opportunity for investors to litigate?
27 January 2023
Ordinance for Determining Critical Infrastructures (KritisV): Renewable energy plants as critical infrastructure and requirements for IT protection
Power Play: Renewable Energy Update
12 July 2022
by Dr. Paul Voigt, Lic. en Derecho, CIPP/E, Dr. Markus Böhme, LL.M. (Nottingham)
Liquefied Natural Gas Projects in Germany: The LNG Acceleration Act
Q&A series: Energy & Infrastructure
10 June 2022
Participation of local municipalities in the context of wind and photovoltaic projects
Power Play: Renewable Energy Update
5 May 2022
Renewable Energy Wrap-Up – France
Power Play: Renewable Energy Update
27 April 2022
Renewable Energy Wrap-Up - United Kingdom
Power Play: Renewable Energy Update
15 March 2022
Building energy performance: the revised Energy Performance of Buildings Directive
Power Play: Renewable Energy Update
14 February 2022
Fit for 55 – Hydrogen and the Reform of the European Gas Market
Power Play: Renewable Energy Update
11 January 2022
Renewable Energy Wrap-Up – Netherlands
Power Play: Renewable Energy Update
2 December 2021
Renewable Energy Wrap-Up – Poland
Power Play: Renewable Energy Update
21 September 2021
by Olav Nemling
Renewable Energy Wrap-Up – Austria
Power Play: Renewable Energy Update
18 August 2021
Renewable Energy Wrap-Up - Germany
Power Play: Renewable Energy Update
12 July 2021
Floating Foundations for Offshore Wind Farms
Power Play: Renewable Energy Update
8 June 2021
Species protection exemption: Significance for wind energy
Power Play: Renewable Energy Update
25 May 2021
Power-to-Hydrogen
Power Play: Renewable Energy Update
6 April 2021
Focus PV – Floating Solar and Agrivoltaics
Power Play: Renewable Energy Update
23 March 2021
