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Energy & Climate Change

Austria

A key driver of the global economy, the energy sector is affected by and affects global geopolitics, economics and regulation. You require advisors who not only understand your industry but also work on cutting edge issues with leaders of energy companies, regulators, governments, industry bodies and investors.

Our teams span 42 countries and work within every part of the energy sector, including upstream and downstream oil & gas, electricity in all its forms including generation, networks, wholesale and retail markets, nuclear and renewables including solar and other green energy and clean tech. Over the last 25 years, our experts have helped shape the sector by creating the legal frameworks upon which many of your markets are based.

Whether you are a NOC, IOC, independent, electricity company, investor, government or financial institution, we have the energy specialists to meet all your strategic challenges globally.

Our multi-disciplinary teams were among the first to advise on ground-breaking global oil and gas M&A and on power projects in Europe, to establish a single electricity market in Northern Ireland and the Republic of Ireland, lead historic electricity industry reform in Mexico and work on renewable energy projects globally. This collective experience means we can pre-empt and provide answers to the commercial, risk and regulatory issues you face in the energy sector.

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Renewables
Our comprehensive expertise in the area of renewable energies is founded on decades of experience, which we have gained through our active involvement

Key contact

Portrait of Thomas Hamerl
Thomas Hamerl
Partner
Vienna
24/02/2022
Pro­spects for in­stall­a­tion and util­iz­a­tion of rooftop sol­ar photo­vol­ta­ics...
CMS Guide

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04/07/2022
Sus­tain­able De­vel­op­ment Goals and Re­act­ive Leg­al Lim­it­a­tions Per­vade the...
On 24 June 2022, the 53 Con­tract­ing Parties of the En­ergy Charter Treaty (ECT), a key mul­ti­lat­er­al treaty pro­tect­ing cross-bor­der en­ergy in­vest­ments that was ori­gin­ally con­cluded in 1991, reached a tent­at­ive...
24/06/2022
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
23/06/2022
Hy­dro­gen – dream fuel or just a lot of hot air?
Hy­dro­gen is in­creas­ingly seen as one of the key drivers of the en­ergy trans­ition. Every day brings news about co­oper­a­tion agree­ments, start-ups, new tech­no­lo­gies, in­fra­struc­ture pro­jects, stor­age solu­tions...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
26/05/2022
Schrems II: Re­ac­tions to the judge­ment and the su­per­vis­ory au­thor­it­ies'...
“Schrems II”: Opin­ions of the su­per­vis­ory au­thor­it­ies on Schrems II and re­com­mend­a­tions on the im­ple­ment­a­tion of the judge­ment in in­ter­na­tion­al data trans­fers On 16 Ju­ly 2020, the Court of Justice...
20/05/2022
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
18/05/2022
On-site power solu­tions
A guide for large en­ergy users Across Europe there is a clear and con­sist­ent trend for large scale com­mer­cial and in­dus­tri­al users of elec­tri­city ad­opt­ing on-site power solu­tions. This is the res­ult of a range of factors, in­clud­ing:re­new­able on-site gen­er­a­tion be­ing one of the most clear-cut ways to help “green” a site’s elec­tri­city sup­ply and help the com­mer­cial/in­dus­tri­al user achieve their cli­mate change tar­gets;on-site power solu­tions hav­ing the abil­ity to provide re­si­li­ence of elec­tri­city sup­ply dur­ing times of sys­tem out­age or con­straint;avoid­ance of the net­work and policy charges typ­ic­ally as­so­ci­ated with elec­tri­city taken from the grid; an­dthe com­mer­cial op­por­tun­it­ies from lever­aging flex­ible on-site power solu­tions to re­duce con­sump­tion from the grid and/or to ex­port elec­tri­city onto the grid.However, while such op­por­tun­it­ies mean that on-site power solu­tions are of­ten an at­tract­ive op­tion, on-site pro­jects will gen­er­ally come with a com­plex ar­ray of leg­al op­tions and con­sid­er­a­tions. These range from:the fun­da­ment­al point that such pro­jects in­her­ently in­volve par­ti­cip­a­tion in a typ­ic­ally heav­ily-reg­u­lated arena (and of­ten the back­drop of a set of reg­u­la­tions rap­idly evolving to keep pace with the sec­tor), toa range of pro­ject/agree­ment struc­tures and parties (without a “cook­ie cut­ter” ap­proach) in­volved in pro­ject own­er­ship, op­er­a­tion and elec­tri­city sale and pur­chase, with sig­ni­fic­ant co-de­pend­ence between such parties, toa gov­ern­ment policy con­text that (while at face value of­ten pro-green) is of­ten in­creas­ingly con­cerned about grid and policy charges be­ing avoided through these types of pro­ject and wishes to see all mar­ket par­ti­cipants pay­ing a per­ceived fair share of such costs. In this guide we provide an over­view of these chal­lenges and op­por­tun­it­ies in Europe, with a view to as­sist­ing you in re­view­ing, up­front, the key is­sues of­ten as­so­ci­ated with on-site power solu­tions of this nature. 
21/04/2022
En­ergy: Con­sequences of not ex­er­cising an op­tion
In Thurcroft Power Lim­ited v. Volta En­ergy Group Lim­ited [2022] EWHC 338 (Comm), the Com­mer­cial Court de­cided that an op­tion agree­ment con­cern­ing the early stages of a bat­tery stor­age de­vel­op­ment did...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
01/03/2022
Pro­posed man­dat­ory cor­por­ate sus­tain­ab­il­ity due di­li­gence re­quire­ments...
On 23 Feb­ru­ary 2022, the European Com­mis­sion ad­op­ted a long-awaited pro­pos­al for a Dir­ect­ive on cor­por­ate sus­tain­ab­il­ity due di­li­gence for widely-defined spe­cified “com­pan­ies”. The pro­pos­als are wide...
25/02/2022
CMS par­ti­cip­ates in the Balkan Green En­ergy News Con­fer­ence on the Chan­ging...
The con­fer­ence "Ser­bi­an Com­pan­ies on the Chan­ging Power Mar­ket" or­gan­ised by Balkan Green En­ergy News gathered to­geth­er nu­mer­ous play­ers in the re­new­able en­ergy mar­ket. An in­dustry meet­ing of re­gion­al im­port­ance On 22 Feb­ru­ary 2022, lead­ing elec­tri­city mar­ket ex­perts from Ser­bia and abroad met in Bel­grade to dis­cuss key is­sues in the Ser­bi­an en­ergy sec­tor. The top­ics were rel­ev­ant for the en­tire re­gion. The ex­perts provided in­sights in­to both the way the Ser­bi­an elec­tri­city mar­ket would likely de­vel­op in the com­ing years and the op­por­tun­it­ies avail­able to vari­ous mar­ket par­ti­cipants. The con­fer­ence offered an ana­lys­is of the most im­port­ant chal­lenges fa­cing com­pan­ies in the course of the en­ergy trans­ition.CMS also re­lies on in­nov­at­ive ad­vis­ory products to help its cli­ents be­ne­fit from the en­ergy trans­ition.The con­fer­ence was opened by Ser­bi­an Deputy Prime Min­is­ter Zor­ana Mi­hajlović and Dir­ect­or of the En­ergy Com­munity Sec­ret­ari­at Ar­tur Lorkowski. CMS was a spon­sor and par­ti­cipant of this cru­cial event for the en­ergy sec­tor and was de­lighted to be rep­res­en­ted onsite by its law­yers Ivan Gazdić, part­ner CMS Ser­bia, Georg Gut­fleisch, law­yer CMS Aus­tria, and Tamara Kosi, law­yer CMS Slov­e­nia, and Maja Živan­ović, Busi­ness De­vel­op­ment Coun­try Head, CMS Ser­bia, Montenegro and North Mace­do­nia.  One step ahead in the en­ergy crisis The 2021 en­ergy crisis has con­tin­ued in­to 2022 caus­ing un­pre­ced­en­ted in­creases in elec­tri­city prices across Europe. The Ser­bi­an gov­ern­ment has put up a res­cue para­chute for com­pan­ies and capped the elec­tri­city price at EUR 75 per MWh for the peri­od un­til June 2022. However, it re­mains to be seen how elec­tri­city prices will de­vel­op in the me­di­um and long term. In the com­ing years, the Ser­bi­an elec­tri­city mar­ket will – like the en­tire re­gion – be af­fected by oth­er im­port­ant changes too: de­car­bon­isa­tion and the need to align its busi­ness with the Green Agenda; the pro­jec­ted growth in sol­ar and wind ca­pa­city; the in­creas­ing at­tract­ive­ness of cus­tom­ers pro­du­cing their own en­ergy onsite; and the car­bon cap tax on ex­ports to the EU.The con­clu­sion was: “The event ‘Ser­bi­an Com­pan­ies on the Chan­ging Power Mar­ket’ provided an ex­cel­lent op­por­tun­ity for the ex­change of in­form­a­tion and ideas that are ur­gently needed to bet­ter un­der­stand trends in the power mar­ket and to re­main com­pet­it­ive".The CMS En­ergy and Cli­mate Change Sec­tor Group provides lead­ing ad­vice products on all as­pects of in­nov­at­ive en­ergy, cli­mate change and ESG.
24/02/2022
Pro­spects for in­stall­a­tion and util­iz­a­tion of rooftop sol­ar photo­vol­ta­ics...
CMS Guide