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Energy & Climate Change

Algeria

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 Algérie Conseil juridique et fiscal 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.  

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15/06/2021
Road to COP 26: re­ima­gin­ing en­ergy: just trans­ition
As we ap­proach COP 26, there is ex­tens­ive dis­cus­sion of the shift to net zero and how it will be achieved; a large part of this will be the trans­ition from re­li­ance on fossil fuels to a more en­vir­on­ment­ally...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
23/04/2021
The Road to COP26: Our 101 on COP26
COP26 is sched­uled to take place from Monday 1st Novem­ber – Fri­day 12th Novem­ber 2021 in Glas­gow. It was ori­gin­ally in­ten­ded to take place last Novem­ber but was post­poned due to COV­ID-19.  It brings...
29/07/2020
CMS En­ergy & Cli­mate Change Glob­al Ex­per­i­ence
 With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its Lon­don centre of ex­cel­lence, the prac­tice works across 75 of­fices glob­ally.CMS teams now work in every corner of the sec­tor across the globe to help it meet the de­mands of cli­mate change, tech­no­lo­gic­al dis­rup­tion, urb­an­isa­tion in de­vel­op­ing eco­nom­ies, so­cial con­cerns and polit­ic­al agen­das.Be­low you will find some of our ex­per­i­ence across the globe. Please get in touch with our ex­perts in your jur­is­dic­tion.Please also see our Hot Top­ics for the En­ergy Trans­ition pub­lic­a­tion.
29/07/2020
Hot Top­ics for the En­ergy Trans­ition
With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its centres of ex­cel­lence such as Lon­don and Ab­er­deen, the prac­tice works across 75 of­fices glob­ally.Our early work in design­ing and im­ple­ment­ing mod­ern en­ergy mar­kets and sub­sequently guid­ing the sec­tor in the push to de­car­bon­isa­tion means CMS is not only a trans­ac­tion­al or pro­ject ad­viser to the sec­tor, but uniquely placed to help shape its present and fu­ture. We can help by giv­ing you our ad­vice and com­pre­hens­ive know­ledge on the top­ics lis­ted be­low.Please also see our CMS En­ergy Glob­al Ex­per­i­ence pub­lic­a­tion.
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...
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...
31/01/2019
Com­mis­sion­ing a scrub­ber sys­tem by 31 Decem­ber 2019 is not suf­fi­cient to...
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...
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...
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...
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...
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...