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Energy

Morocco

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 Francis Lefebvre Avocats 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.  

Our Team

In France, 14 lawyers are at your disposal with specific expertise in energy law and in the fields of business, competition, employment and tax law relating to the energy sector. They work in close collaboration with our energy lawyers based in Africa, Western, Central and Eastern Europe, the Middle East and Asia.

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08/11/2010
Flash info Mo­rocco | The new leg­al frame­work of the...
19/07/2019
Po­s­eidon Prin­ciples and re­spons­ible ship fin­an­cing
On 18th June 2019, 11 banks with col­lect­ively over $100bn in as­sets and rep­res­ent­ing nearly 20% of the glob­al ship fin­ance signed a glob­al frame­work agree­ment, called the Po­s­eidon Prin­ciples. These are dir­ec­ted to­wards meet­ing the Par­is Agree­ment’s tar­get of.
18/04/2019
BARE­CON - The Im­port­ance of Class
In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.
16/04/2019
The new EU frame­work for screen­ing for­eign in­vest­ment is now in force
On 10 April 2019, the EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) came in­to force, al­low­ing the European Com­mis­sion and Mem­ber States un­til 11 Oc­to­ber 2020 to put in place mech­an­isms and re­sources to com­ply.
15/03/2019
Law sides with cli­mate change against coal
Min­ing com­pany, Gloucester Re­sources Lim­ited (GRL), ap­pealed to the Land and En­vir­on­ment Court of New South Wales, Aus­tralia, against a min­is­teri­al de­cision to re­ject its ap­plic­a­tion to de­vel­op and op­er­ate an open cut coal mine, Rocky Hill, near Gloucester,.
14/03/2019
Ship­ping and car­bon: EU and IMO sys­tems to align
On 4 Feb­ru­ary 2019 the European Com­mis­sion (EC) tabled a pro­pos­al con­cern­ing the amend­ment of Reg­u­la­tion (EU) 2015/757 on the mon­it­or­ing, re­port­ing and veri­fic­a­tion of car­bon di­ox­ide emis­sions from mari­time trans­port (the “EU MRV Reg­u­la­tion”).
13/03/2019
Con­nec­ted Fu­ture - En­ergy Stor­age
It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted gen­er­a­tion and more pro­act­ive con­sumers, across.
27/02/2019
Elec­tric Vehicles: in­fra­struc­ture for our con­nec­ted fu­ture
The up­take of elec­tric vehicles (EVs) has soared in re­cent years (al­beit from a very low base), with jur­is­dic­tions such as Nor­way and The Neth­er­lands cur­rently lead­ing the pack. However, in or­der for a coun­try to be­come a glob­al EV lead­er, it is vi­tal to con­sider.
31/01/2019
Com­mis­sion­ing a scrub­ber sys­tem by 31 Decem­ber 2019 is not suf­fi­cient...
Ship own­ers, ship op­er­at­ors and ship man­agers who are busy pre­par­ing for the up­com­ing high sul­phur fuel oil (“HSFO”) ban which enters in­to force on 1 Janu­ary 2020 will be fa­mil­i­ar with the op­tion to in­stall Ex­haust Gas Clean­ing Sys­tems (EGC­Ss) oth­er­wise known.
22/11/2018
New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
30/10/2018
Car­riage ban on mar­ine fuels with sul­phur con­tent above 0.50% form­ally...
On 26 Oc­to­ber 2018, dur­ing its 73rd ses­sion on 22 - 26 Oc­to­ber, the Mar­ine En­vir­on­ment Pro­tec­tion Com­mit­tee (‘MEPC73’) of the In­ter­na­tion­al Mari­time Or­gan­iz­a­tion (the ‘IMO’) form­ally ad­op­ted the car­riage ban on mar­ine fuels with sul­phur con­tent above 0.
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.