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Energy

France

The energy sector is now faced with changes of unprecedented speed and requirement, some of which are disruptive and some beneficial. Climate change and competitiveness, competition and state aid, rising retail prices and falling wholesale prices, huge investment needs and lack of long-term economic signals, European interconnections and diverging national policies, industrial sluggishness and disruption brought about by new technologies, the simultaneous development of self-consumption and elimination of consumption ... A profound change is underway, which is now referred to as an "energy transition." As a public or private player in the sector, you are necessarily faced with energy issues that may be of strategic importance, but which still require extensive industry knowledge and an understanding of the requirements. From a legal perspective, there are overlapping issues of public law, regulations, competition law, tax law, property law, company law, business law and employment law, at national and international level.

Our approach is based on a demonstrated understanding of the industry and on our multi-disciplinary team of fifteen specialists working closely with lawyers in Africa, Western, Central and Eastern Europe, the Middle East and Asia. We can therefore provide support with all issues: advice and assistance on the implementation of the law and regulations; contribution to feasibility studies and assistance with projects of all sizes (mergers, acquisitions, classic or innovative partnerships, construction of hydraulic, thermal and renewable production facilities); advice and assistance on national or EU mergers, antitrust and state aid; support in negotiations between concessionary authorities and distributors and between regulated operators and businesses using infrastructure open to third parties; legal assistance with start-ups and innovative initiatives relating to the development of standards, technological changes and environmental issues; assistance with proposed changes to legal form in the public sector and implementation of privatisation laws; optimisation of tax and social security schemes; litigation and dispute resolution; etc.
The technical excellence of our lawyers enables us to provide dynamic, long-term solutions, alongside other professionals where necessary.

According to one client, "Christophe Barthélemy "specialises in energy contracts in France; he is present at every stage and is always available." He mainly works in the field of public law in the energy sector, while also advising on litigation issues. – Chambers Europe 2015

"CMS has extensive expertise in the energy field and can therefore manage strategic regulatory issues."Legal 500 Paris 2015

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25/09/2018
In the Af­ter­math of Achmea – Does Vat­ten­fall En­sure the Fu­ture for...
On 6 March 2018, the EU Court of Justice (CJEU) held in its Achmea rul­ing that dis­pute set­tle­ment pro­vi­sions provid­ing for ar­bit­ra­tion in in­tra-EU bi­lat­er­al in­vest­ment treat­ies (BITs) are in­com­pat­ible with EU law.
27/07/2018
Oil and Gas - "Hanged on a Comma"? Punc­tu­ation in Fin­an­cing Agree­ments
Sum­mary In Vit­ol E&P Lim­ited v New Age (Afric­an Glob­al En­ergy) Lim­ited [2018] EWHC 1580 (Comm), the Com­mer­cial Court was asked to con­sider the re­la­tion­ship between a cor­por­ate lend­ing fa­cil­ity and a re­serve based lend­ing fa­cil­ity.
14/06/2018
In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
23/05/2018
Oil & Gas: Im­plied con­tract for de­mur­rage out­side BP Terms
In Glen­core En­ergy UK Ltd v OMV Sup­ply & Trad­ing Ltd [2018] EWHC 895 (Comm) the Com­mer­cial Court de­cided that an ex­change of emails between parties to an ex­ist­ing crude oil sales agree­ment was cap­able of giv­ing rise to a sep­ar­ate im­plied con­tract.