CMS Nederland Energy

Energy

Netherlands

We are the esteemed sparring partner of leading energy companies, regulators, public entities, large buyers and investors. Our energy team knows your sector: upstream and downstream oil and gas, electricity, onshore and offshore wind energy, solar energy and other (sustainable) energy sources such as warmth and biomass. We help to build legal frameworks for the energy sector. We understand the challenges in the industry and the importance of innovation and we lead when it comes to applying new developments locally and internationally. We are the legal linchpin at great energy projects and transactions. We can for example claim the first Dutch offshore wind tender and the acquisition, development and project financing of the largest solar energy park. In short, our experience, industry knowledge and creativity enable you to make your initiatives in this industry a success.

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"They have good co-ordination between the offices, in fact for most of the cross-border projects they are our number one choice."

Chambers Global, 2018

"They provide good service and are extremely reachable, we approach them when we have a problem and need fast action and support."

Chambers Europe, 2018

"They think through the details and when we receive advice, there are no mistakes. It has been really excellent."

Chambers Europe, 2018

With "good industry knowledge" and "a positive outlook", CMS’ department provides "useful, to-the-point advice".

The Legal 500, 2018

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    Energy - Contracts & Trade

    We specialize in advice on commercial contracts which are used in the energy sector, such as supply contracts for gas, electricity and heat, as well as connection and transport contracts.

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    Energy - Corporate

    We advise many parties on mergers and acquisitions, structurings and restructurings, privatizations, joint ventures and project structures within the energy and water sector. In addition, we have many years of experience in the area of upstream oil & gas transactions.

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    Energy - Projects & Finance

    Our Energy Team assists and advises in a wide range of energy and water projects, varying from the development and financing of conventional power stations, biomass power stations and wind farms (both onshore and offshore) to LNG terminals, biodiesel plants, water purification plants, gas storage facilities, FPSOs and interconnectors. We act on behalf of energy companies, banks, investment funds and project developers.

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    Energy - Regulatory

    Our specialists have broad experience and knowledge of European and Dutch competition law and in the area of regulated markets. We give advice on sector-specific regulations for the energy and water sector (such as gas, electricity, heat, mining and renewable energy), competition law and procurement law. We also act on behalf of parties in administrative and civil disputes.

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    21/02/2018
    CMS Guide to off­shore wind in North­ern Europe
    Mar 2018
    CMS Re­new­ables guide
    A Sec­tor In Trans­ition
    08/01/2018
    Prac­tic­al leg­al as­pects of sol­ar PV pro­jects in the...

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    Luis Felipe Arze, LL.M
    01/08/2017
    LATAM Quarterly En­ergy Up­date Au­gust 2017
    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.
    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.
    13/04/2018
    The Acon­cagua Bay – “al­ways ac­cess­ible”
    On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.
    13/03/2018
    Oil & Gas: JOAs, budget over­runs and op­er­at­or pen­sion de­fi­cits
    In Mara­thon Oil UK LLC v Cent­rica Re­sources Lim­ited, TAQA Bratani Lim­ited and TAQA Bratani LNS Lim­ited [2018] EWHC 322 (Comm), the Com­mer­cial Court con­sidered wheth­er an op­er­at­or was en­titled to charge joint ven­ture par­ti­cipants for pen­sion fund short­falls.
    12/03/2018
    The next re­boot for en­ergy per­form­ance of build­ings
    The con­struc­tion, tech­no­logy and elec­tric vehicle char­ging sec­tors are to be boos­ted by a re­boot­ing of en­ergy per­form­ance of build­ings le­gis­la­tion. Pro­vi­sions are also in­cluded to seek to un­lock fin­ance for en­ergy ef­fi­cient renov­a­tion of ex­ist­ing build­ing stock.
    11/01/2018
    Bare­con 2017 - Ringing in the Changes
    BIMCO re­cently pub­lished an up­dated ver­sion of their widely-used BARE­CON 2001. Whilst it largely fol­lows the same format, BARE­CON 2017 takes ac­count of a num­ber of leg­al and com­mer­cial changes and has been de­scribed by BIMCO as “a new lean­er ver­sion” which.
    19/12/2017
    Oil & Gas Ship­ping: a Venezuelan de­ten­tion
    In ST Ship­ping and Trans­port PTE Ltd v Space Ship­ping Ltd [2017] EWHC 2808 (Comm) the Com­mer­cial Court re­jec­ted an ar­bit­ra­tion ap­peal that sought to ar­gue that the ac­tions of the Venezuelan courts, in openly not fol­low­ing Venezuelan law, broke the chain of.
    14/12/2017
    Oil & Gas: Off-spec de­liv­er­ies – up­hold­ing the con­trac­tu­al mech­an­ism
    In Trafigura Be­heer BV v Ren­brandt Ltd (2017) EWHC 3100 (Comm) the Com­mer­cial Court provided some winter com­fort to pur­chasers and sellers that are seek­ing to rely on con­clus­ive evid­ence clauses as to qual­ity.
    30/10/2017
    ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
    IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’ and there­fore sub­ject to the pro­cure­ment rules, even where.
    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].
    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.