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
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.
03/06/2015
Does your com­pany com­ply with the EU en­ergy ef­fi­ciency...
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.
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
Europe con­sults on emis­sions and ef­fi­ciency per­form­ance of road trans­port...
On the 20th Ju­ly 2016 the European Com­mis­sion pub­lished a short Com­mu­nic­a­tion en­titled “A European Strategy for Low-Emis­sion Mo­bil­ity” (see pre­vi­ous Law-Now). Along­side this Com­mu­nic­a­tion the Com­mis­sion an­nounced two pub­lic con­sulta­tions on curb­ing fuel con­sump­tion.
21/07/2016
Europe con­firms course to low-emis­sion trans­port
Yes­ter­day the European Com­mis­sion pub­lished a short Com­mu­nic­a­tion en­titled “A European Strategy for Low-Emis­sion Mo­bil­ity”. For those fa­mil­i­ar with the Europe’s de­vel­op­ments in trans­port sec­tor law and policy over the last few years (and in par­tic­u­lar since.