Hydrogen
Energy Source of the Future
With the Green Deal, the European Union set itself the goal of becoming the first climate-neutral continent. Back in July 2020, the EU Commission presented an EU hydrogen strategy. According to this strategy, hydrogen is expected to make a significant contribution towards completely decarbonising the energy sector, making it more efficient and more interconnected.
The industrial sector, with material applications in the chemical, petrochemical and steel industries, has a high demand for hydrogen, which is currently met almost exclusively with grey hydrogen. The use of climate-neutral green hydrogen could save large amounts of CO2 in industrial applications. However, this requires considerable investment.
As green hydrogen is not yet competitive, with a few exceptions, appropriate government incentives are needed to make it marketable. The success of corporate hydrogen strategies will depend not least on how quickly market participants such as energy producers, grid operators and energy-intensive industries manage to drive forward the development of the necessary infrastructure and technologies.
CMS has decades of experience in advising companies on energy and climate change. Our lawyers combine in-depth expertise in all relevant legal areas with real-world industry knowledge. This allows us to provide targeted advice on all energy law and regulatory issues associated with investment in hydrogen projects and executing such projects.
We advise on developing and implementing new business models and on alliances, joint ventures and growth strategies based on mergers and acquisitions. We can provide legal advice on research and development into hydrogen technologies while ensuring that your development work and products are protected by intellectual property rights and your rights in this regard are effectively enforced. Thanks to our long-standing experience of future mobility and e-mobility, we are also able to provide expert assistance with related hydrogen projects.
Our key areas of advice with regard to hydrogen cover:
- Regulation of hydrogen networks (network connection, network access, connection lines, repurposing of parallel transport systems
- Public-law approval of hydrogen production plants (electrolysers, reformers and separators) and any CO2 storage facilities that may be required, as well as transport via (long-distance) pipeline networks
- Contractual mapping of the value chain
- Safety regulations
- Specific regulations for consumption sectors (e.g. industry, mobility)
- Monitoring of ongoing legislative processes at national, European and international level
- Advice on drafting the legal and regulatory framework for hydrogen
- Designing innovative hydrogen concepts
- Designing and implementing hydrogen-based transport and loop concepts
- Expert opinions on legal developments and perspectives as input for strategic corporate planning
- Legal advice on establishing and funding start-ups with innovative products or business ideas, including spin-offs from research institutes
- Decarbonisation of industrial processes
- Decarbonisation of the buildings sector
- Legal support and advice on designing and implementing R&D projects
- Advice and support with regard to legal protection for new business models
- Power-to-X projects
- Constructing and operating electrolysers
- Projects in the industrial sector
- Constructing and operating hydrogen infrastructure
- Projects for producing blue hydrogen
- Support in gaining subsidies
- Carbon capture
- M&A transactions involving the acquisition or sale of start-ups or promising established companies already operating along the value chain, including debt financing of acquisitions where required
- Alliances and joint ventures aimed at the shared exploration and exploitation of opportunities in the hydrogen sector
- Drafting and negotiating R&D cooperation agreements, including considering the implications under competition and State aid law
- Structuring, drafting and negotiating technology licensing agreements
- Enforcement of patents and addressing breaches of trade secrets
- Advice on developing and implementing strategies to protect your innovations
- Freedom to operate analysis, evaluation of infringing third-party rights and taking action against them
- Advice and representation in relation to technical standardisation and its implications for patents
If you have any questions about hydrogen, please feel free to contact our hydrogen specialists at any time!
Legal experts for Hydrogen
Local market knowledge. Global outlook
We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.
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