row of windmills standing in the sea against blue sky

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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31/08/2015
CMS pub­lishes com­pre­hens­ive European elec­tri­city guide
31/07/2018
The Dutch Cli­mate Agree­ment Pro­pos­al: en­vis­aged CO2 re­duc­tion and...
On 10 Ju­ly 2018, a pro­pos­al for the key ele­ments of the Cli­mate Agree­ment went to the Dutch Min­is­ter of Eco­nom­ic Af­fairs and Cli­mate. This pro­pos­al sets out how the Neth­er­lands plans to meet the re­quire­ments of the Par­is Cli­mate Agree­ment through a 49% re­duc­tion.
03/06/2015
Does your com­pany com­ply with the EU en­ergy ef­fi­ciency...
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.
14/05/2018
En­ergy per­form­ance of build­ings and Brexit: the fi­nal cut (for now)
In March 2018 we men­tioned the boost­ing of the con­struc­tion, tech­no­logy and elec­tric vehicle char­ging sec­tors by a pro­posed re­boot­ing of en­ergy per­form­ance of build­ings le­gis­la­tion. Today, the Coun­cil of the European Uni­on an­nounced agree­ment on the fi­nal ver­sion.
14/05/2018
En­ergy per­form­ance of build­ings: the fi­nal cut (for now)
In March 2018 we men­tioned the boost­ing of the con­struc­tion, tech­no­logy and elec­tric vehicle char­ging sec­tors by a pro­posed re­boot­ing of en­ergy per­form­ance of build­ings le­gis­la­tion. Today, the Coun­cil of the European Uni­on an­nounced agree­ment on the fi­nal ver­sion.
28/03/2017
On the road to autonom­ous vehicles
Con­nec­ted and autonom­ous vehicle (“CAV”) tech­no­lo­gies are set to have a pro­found so­cial and eco­nom­ic im­pact world­wide and con­tin­ue to ac­cu­mu­late a great weight of ex­pect­a­tion. Ad­voc­ates ar­gue that CAV tech­no­lo­gies will im­prove road safety, ease con­ges­tion and.
20/03/2017
Due di­li­gence and pro­por­tion­al­ity un­der scru­tiny in latest IC­SID li­ab­il­ity...
Sum­mary In a de­cision dated 21 Feb­ru­ary 2017, a tribunal act­ing un­der the aus­pices of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (“IC­SID”), the World Bank’s ar­bit­ra­tion in­sti­tu­tion, in Am­pal-Amer­ic­an Is­rael Corp.
10/02/2017
In­dia Budget 2017 - 2018
On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
02/02/2017
Gov­ern­ment con­sults on pen­al­ties for non-com­pli­ance with EU ship emis­sions...
On 1 Janu­ary 2018, sub­ject to a few ex­clu­sions, ships over 5000 gross ton­nage (“Rel­ev­ant Ships”) will be sub­ject to mon­it­or­ing and re­port­ing re­quire­ments on car­bon di­ox­ide emis­sions (CO2), fuel con­sump­tion and cargo car­ried.