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Energy

Algeria

The energy sector faces considerable challenges, including the increase in consumption; the strategic goal of energy independence; climate issues; the evolving regulatory framework with, in Europe, the construction of the internal market; heightened pressure from national and European competition authorities; and the massive investment requirements associated with means of production (traditional and renewable) and infrastructure (supply networks, storage facilities, liquefaction trains, methane terminals etc.)

To assist you in meeting these challenges, CMS Bureau Francis Lefebvre adopts an approach based on a detailed knowledge of your sector, on synergy between our offices and those of other CMS firms, and on the legal and practical knowledge of our lawyers. 

Our Practice Areas

The public bodies and businesses in the energy sector are having to adapt to today’s rapidly evolving environment, which encompasses issues of public law and economic regulation, competition law, taxation, law of real property, business law and employment law. In order to give them practical and pro-active advice, our lawyers’ expertise is at their disposal in a range of specific areas:

  • Advice and assistance in the application of legislation and regulations (both European and national), and monitoring of the rapid development of norms (liberalisation, regulation, taxation of energy and the status of the gas and electricity industries). Taxation of energy includes the French taxes or charges known as Contribution au Service Public de l'Electricité, Taxe Locale sur l'Electricité, Taxe Intérieure de Consommation sur le Gaz Naturel, VAT and other taxes.
  • Input to feasibility studies and assistance with projects of any size (mergers, acquisitions, traditional and novel forms of joint venture, and construction of traditional or renewable production units).
  • Advice and assistance in relation to market concentration (at national or European Community level), anti-trust law and state aid.
  • Support in relation to negotiations between (1) public authorities allocating franchises for the production and distribution of energy and (2) energy companies, and between (1) regulated operators and (2) businesses using infrastructure which is open to third parties. 
  • Legal assistance with start-ups and innovative projects connected with developments in the applicable rules, the transformation of technology and environmental considerations. 
  • Assistance with intended changes of legal form in the public sector and the application of the law relating to privatisation. 
  • Optimisation of schemes relating to taxation and employment issues. 
  • Litigation (before administrative tribunals and French and European Community private-law courts) and dispute resolution.  

Our Approach

To guarantee you first class legal and tax expertise, our energy lawyers have the support of a multi-disciplinary team with experts in all areas of law, in particular public law, taxation, environmental law, competition law, business law, construction law and law of real property, and employment law. They also work in close, regular collaboration with economists and consultants specialising in the energy sector.

This integrated approach reflects our determination to go beyond technical legal or tax issues in understanding all our clients’ business interests. It means that our lawyers can:

  • Take all aspects of your strategy into consideration, understood in the rapidly changing context of upir business sector. 
  • Help you to carry out your business operations and achieve your strategic goals, at both national and international levels.
  • Take a pro-active, long term perspective in giving advice, bearing in mind that effective strategies cannot be based on short term considerations in the energy sector.  

Our Clients

The organisations which have put their faith in us are public and private. They include states, national and local authorities in France and overseas, public and private companies, utilities, niche operators, multinationals, investment funds, SMEs and start-ups. We work for them on national and international projects, in teams which are integrated with our various offices and those of other CMS firms.

We guarantee high standards of service and professional ethics to all our clients, giving reliable advice which is tailored to their objectives.  

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09/12/2016
Are we wit­ness­ing the rise of su­per level eco­nom­ic en­vir­on­ment risks?
In a few years’ time we may look back and say that it was in 2015/2016 when leg­al pro­ceed­ings and re­cent policy changes com­bined to pro­duce mani­fest ser­i­ous trans­fron­ti­er and trans-sec­tor com­mer­cial and eco­nom­ic en­vir­on­ment risk.
30/11/2016
Oil & Gas / Ship­ping: Ex­clud­ing ‘con­sequen­tial loss’ can re­strict...
The Com­mer­cial Court was re­cently asked to con­sider the cor­rect con­struc­tion of the phrase “con­sequen­tial or spe­cial losses or ex­penses” in a clause that dis­trib­uted (and lim­ited) li­ab­il­ity and rem­ed­ies between parties (Star Po­lar­is LLC v HH­IC-Phil Inc [2016].
04/11/2016
Oil & Gas: De­fault Gas ex­clus­ive rem­edy in nat­ur­al gas sale agree­ment...
The Eng­lish Court of Ap­peal has up­held the Com­mer­cial Court de­cision that a De­fault Gas rem­edy in a nat­ur­al gas sale and pur­chase agree­ment was the sole and ex­clus­ive rem­edy for un­der­deliv­er­ies to a buy­er caused by a shut-in for the pur­poses of con­struct­ing.
14/09/2016
What fu­ture for en­vir­on­ment taxes?
On 6th Septem­ber 2016 the European En­vir­on­ment Agency, an agency of the European Uni­on tasked to provide “sound, in­de­pend­ent in­form­a­tion on the en­vir­on­ment” pub­lished a re­port on En­vir­on­ment­al tax­a­tion and EU en­vir­on­ment­al policies.
01/09/2016
CMS launches e-guide on en­ergy stor­age
En­ergy stor­age of­fers a range of op­por­tun­it­ies for stan­dalone de­velopers, gen­er­at­ors, net­work op­er­at­ors and con­sumers (ran­ging from large en­ergy users through to do­mest­ic con­sumers) and oth­er elec­tri­city sec­tor par­ti­cipants and is an in­creas­ing fo­cus due to.
10/08/2016
Re­serve-based lend­ing fa­cil­it­ies com­par­at­ive study – debt and alive
In­tro­duc­tion and over­view Re­serve-based lend­ing (RBL) fa­cil­it­ies are the main means by which small and mid-sized in­de­pend­ent E&P com­pan­ies raise debt fin­ance to fund their up­stream oil & gas op­er­a­tions.