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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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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.
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.
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.
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].