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Shaghayegh Smousavi, MBA, Maître en droit des affaires

Partner
Rechtsanwältin

CMS Hasche Sigle
Kasernenstraße 43-45
40213 Duesseldorf
Germany
Languages German, English, French, Italian

Shaghayegh Smousavi has long-standing experience advising utilities, project developers, investors, financial institutions and asset management companies as well as industrial companies on energy sector topics for many years with a focus on regulation, renewable energies and hydrogen as well as digitalization and blockchain in the energy sector. Furthermore she supports her clients in their ESG transformation. She also has many years of expertise in complex transactions and in the financing of regulated assets.

In addition, she regularly represents her clients in proceedings before the Federal Court of Justice and various higher regional courts. She acts for her clients before authorities in Germany and abroad, such as the Federal Network Agency, the Federal Office for Economic Affairs and Export Control and the European Commission.

Shaghayegh started her career with an international accounting firm in Frankfurt and Paris in 2000 and has subsequently been working for a tax consultancy firm in Niamey (Niger) and the European Commission in Brussels as well as in a leading international law firm where she was a counsel before joining CMS in 2013 as a partner. She has frequently been awarded as one of Germany's leading energy lawyers.

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„Oft empfohlen“ für Energiewirtschaftsrecht

JUVE Handbuch, 2023/2024

Listed for Energy Law

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

"dedicated advice with preeminent expertise", client

JUVE German Commercial Law Firms 2022 (GCLF)

"Recommended" for Energy Law

JUVE German Commercial Law Firms 2013-2023 (GCLF)

Listed for Energy Law

Deutschlands beste Anwälte 2020-2021 – Handelsblatt in Kooperation mit Best Lawyers

"good impression", competitor

JUVE German Commercial Law Firms 2021 (GCLF)

"experienced and likeable", competitor

JUVE German Commercial Law Firms 2015 (GCLF)

"Shaghayegh Smousavi: Has in-depth legal and economic knowledge in the regulated area. Has the ability to convincingly present complex issues with the required simplicity.", client

The Legal 500 EMEA, 2022

Relevant experience

  • Various transmission system operators and distribution system operators | Advice and representation in regulation disputes, including before the Federal Court of Justice
  • Various utilities | Ongoing advice regarding the German Renewable Energy Act (EEG), the Combined Heat and Power Generation Act (KWKG) and other energy regulation measures
  • Various utilities | Advice on EU regulatory framework as well as representation before the European Commission, the Federal Ministry of Economics and Technology and the Federal Network Agency
  • Various investors and solar energy and onshore wind project developers | Comprehensive advice on FiT and on project implementation
  • Various industrial companies | Comprehensive advice on the implementation of regulatory requirements as well as representation before the Federal Office for Economic Affairs and Export Control
  • Various legal opinions on energy law matters
  • Steag | Advice on the acquisition of the CCGT project ChemPark Leverkusen from Repower
  • Consortium | Advice on bidding process regarding the acquisition of OGE*
  • Various municipalities | Advice on acquisition of a regional utility
  • Fluxys | Advice on acquisition of Eni S.p.A.’s shares in the TENP (Germany) and Transitgas (Switzerland) gas pipelines*
  • Gasunie | Advice on the acquisition of shares in the NEL pipeline project*
  • Lender Consortium and ECAsI advice on the regulatory aspects in relation to Project Financing of Nord Stream I gas pipeline
  • Various DAX-listed groups | Comprehensive advice on a number of joint ventures in Iran
  • Various banks | Legal representation in the context of drafting and negotiating contracts in Iran
  • Various international automotive suppliers | Advice on setting up a joint venture with Iranian companies
  • Various investors and onshore wind project developers | Comprehensive advice on the implementation of projects in Iran
  • Various international machine and plant construction companies | Comprehensive advice on the restructuring of distribution activities in Iran
  • Marguerite Pantheon SCSp | Advice on the sale of its stake in Butendiek offshore wind farm to Greencoat Renewables | regulatory advice

* Related experience prior to joining CMS

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Memberships & Roles

  • Schmalenbach-Gesellschaft für Betriebswirtschaft e.V. (business administration association)
  • Global Women's Network for the Energy Transition (GWNET)
  • Women in Green Hydrogen
  • German-French Lawyers Association
  • German-Iranian Lawyers Association
  • Forum Contracting e.V. (energy contracting association)
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Publications

  • Commentary on §§ 8, 9, 89, 90a, 93 EnWG (Energy Industry Act) in Rosin / Pohlmann / Gentzsch / Metzenthin / Böwing, EnWG, 2017
  • Commentary on § 91 EEG (Renewable Energy Sources Act) in Greb / Boewe (Ed.), EEG, 2019
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Education

  • First and Second German State Exam in Hesse
  • MBA at Europa-Institut, Saarland University
  • Maîtrise en droit des affaires in Rennes
  • German as well as French law studies in Saarbruecken, Rennes and Frankfurt
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Feed

12/03/2024
Multi-billion incentive programme for climate-friendly industry launched:...
Berlin – The German government is aiming to make German industry carbon-neutral by 2045. In line with this commitment, on Tuesday, 12 March 2024 the Federal Ministry for Economic Affairs and Climate Action launched the world’s first bidding process for a programme to fund climate action contracts. Based on carbon contracts for difference, these climate action contracts promote investment in climate-friendly production facilities that would not otherwise be economically viable at this point in time. The programme is primarily aimed at operators of emis­sion-in­tens­ive plants, such as in the steel, paper, chemicals, metal and glass industries. Climate action contracts provide an incentive to develop and build the required technologies and infrastructure in Germany now. This will not only avoid around 350 million tonnes of CO2 over the term of the funding programme up to 2045, but is also designed to kick-start the urgently needed market transformation while simultaneously setting new international standards for efficient, low-bureaucracy support. The climate action contracts are intended as both a key tool for climate change mitigation and to strengthen Germany as a country with a long history of industry and innovation. EUR 4 billion has been made available over a 15-year term for the initial bidding process that has now been opened. Companies that were successful in the preparatory phase in the summer of 2023 can apply to take part in the initial bidding process within the next four months. As Germany’s economics minister announced at today’s press conference, the second round of bidding will be conducted later in 2024, with EUR 19 billion available for this purpose. Two further rounds of bidding are scheduled for 2025.A CMS team headed by lead partner Dr Jürgen Frodermann advised the Federal Ministry for Economic Affairs and Climate Action on all aspects of subsidy, state aid, contract and energy law with regard to the support programme. The advice related in particular to drafting a funding policy and associated climate action contracts to be concluded between the state and companies eligible for funding. The work also included support around the notification procedure to the European Commission. In view of the pioneering nature of the funding programme, the CMS team had to deal with legal issues arising in connection with the programme in both a European and a national context, while also ensuring close alignment with the defined technical and economic objectives. The support was provided through an in­ter­dis­cip­lin­ary consortium headed by lead project manager Jülich, together with VDI/VDE Innovation + Technik and Deloitte. CMS Germany Dr Jürgen Frodermann, Lead Partner Dr Nico Hannemann, Senior Associate Dr Nora Zabel, Counsel Björn Hopen, Associate Nina Becker, Associate, all Contract Law Shaghayegh Smousavi, Partner, Energy / Regulation Dr Jakob Steiff, Partner Dr André Lippert, Partner Dr Sven Brockhoff, Counsel Dr Annchristin Streuber, As­so­ci­ate Con­stan­ze Schweidtmann, Associate, all Public Law / Subsidy Law Dr Michael Bauer, Partner Louisa Thomasberger, Associate, both State Aid Dr Martin Friedberg, Partner, TaxPress Con­tact presse@cms-hs. com
10/01/2023
CMS advises Marguerite Pantheon on the sale of its stake in Butendiek offshore...
Hamburg - Investment company Marguerite Pantheon SCSp has sold its 22.5 percent stake in the German offshore wind farm Butendiek to the Irish investment company Greencoat Renewables PLC. The offshore...
10/06/2021
CMS advises Hydro Aluminium Deutschland on sale of Bonn site to Cube Real...
Düsseldorf – Hydro Aluminium Deutschland GmbH has sold its site in Bonn to developer Cube Real Estate. The site covers an area of around 40,000 square metres and is used by Hydro Aluminium Deutschland...
09/07/2020
Germany
Here’s a selection of our energy sector credentials in Germany: ads-tec - Establishment of a joint venture with Bosch Thermotechnik GmbH for battery storage technology. Alliander on the successful award of a concession for the installation and operation of 220 electric car charging points in Berlin. EnBW Energie Baden-Württem­berg |Ad­vising on negotiations for a 15-year power purchase agreement (PPA) for a planned solar park in Mecklenburg Western Pomerania. EnBW Energie Baden-Württem­berg on the structuring of the offshore wind farm projects Hohe See and Baltic 2 and the sale of a 49.9% stake to Enbridge and Macquarie in a structured bidding process. Highland Group Holdings Limited on the acquisition, development and financing of the Veja Mate offshore wind farm and its partial sale to Siemens Project Ventures and CIP and on the joint sale of 80% of the shares to a European consortium. Netze BW and ED Netze - Advice and representation in numerous electricity and gas concession proceedings.N.V. Nederlandse Gasunie and Gasunie Deutsch­land - Advising on the acquisition of a stake in the EUGAL pipeline project from Gascade. Polish energy company - Advising on an agreement to trade electricity and gas using blockchain technology. PRISMA European Capacity Platform - Rep­res­ent­a­tion before the ACER Complaints Committee regarding the determination of the gas capacity platform to be used at the German-Polish border. Project planners and operators of renewable energy plants on project development, planning law, approval procedures, legal defence of the approval, direct marketing of electricity, proprietary electricity models, possibilities of avoiding grid fees, concession fees, electricity tax and EEG surcharge. Electricity and gas traders - Drafting of contracts for the purchase and sale of electricity, advice on gas and electricity supply contracts and on portfolio management contracts with industrial customers. TransnetBW and Tennet TSO - Public procurement law advice in connection with the preparation and implementation of the public procurement procedures for the SuedLink power line. VERBUND on various water-law licence and planning approval procedures for several hydroelectric power plants on the Inn and the Danube; issues include: EIA issues, water and environmental protection law, waste law, maintenance duties.
09/05/2018
Smart Strategy, Calm Commitment: Overcoming Uncertainty in Iran
The programme of the CMS/Bourse & Bazaar Frankfurt Round Table is designed to help business leaders prepare for the possible outcomes stemming from the 12 May deadline for President Trump to renew key...
20/06/2016
CMS Annual Review 2015-2016
We are pleased to bring you ‘Delivering legal expertise to transform your business - CMS Annual Review 2015-2016’. This publication shows how we at CMS stay close to the practical, ‘real life’...
07/03/2016
Investing in Iran: Opportunities for Hotel Operators and Investors
Iran, the second-largest nation in the Middle East, has been one of the most talked about in recent years, most notably surrounding the Joint Comprehensive Plan of Action (“JCPOA”) which was agreed...
26/11/2015
How to do business in Iran - successfully
Iran offers compelling reasons to do business but only solid preparation will lead to success. The world reacted with relief and excitement to the signature on 14 July 2015 of the Joint Comprehensive...
12/05/2015
CMS advises STEAG on successful acquisition of major power plant project
Düsseldorf – Essen-based energy producer STEAG GmbH is acquiring a project to construct a gas and steam power plant in Leverkusen from Swiss company Repower AG. The construction plan involves a plant...
15/07/2013
CMS Hasche Sigle boosts its energy law team
Düsseldorf – CMS is strengthening its Energy practice as part of the law firm's ongoing strategy of making it a leading force in Germany in this field. Lawyer Shaghayegh Smousavi is taking up a post...