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Energy & Climate Change

CMS Albiñana & Suárez de Lezo has advised on virtually all of the largest domestic and international energy transactions of recent years, and is the leading law firm in the electricity and renewable energy sectors in Spain.  

Our specialist energy team comprises regulatory, dispute resolution and corporate law experts who are able to provide comprehensive advice both locally and internationally on all types of transactions and activities in the energy sector, as well as on matters subject to litigation. We have been involved in the key proceedings relating to regulatory amendments in the electricity sector over recent years, as well as some of the most significant corporate transactions in this field. 

The strategic importance and complexity of the energy sector require constant contact with energy companies and regulatory authorities based on sound knowledge of the market. We provide a proactive service which anticipates problems and offers solutions tailored to our clients’ specific needs. 

Our energy team spans 44 countries and provides advice in all areas of the energy sector, including petroleum, gas and electricity at all stages (generation, networks, wholesale and retail markets and nuclear and renewable energy).

Over the last 25 years, our experts have helped shape the sector by creating the legal framework upon which the majority of markets are based.


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12/10/2022
Com­mis­sion pro­poses land­mark new rules on li­ab­il­ity for AI sys­tems
On 28 Septem­ber 2022, the European Com­mis­sion pro­posed the draft AI Li­ab­il­ity Dir­ect­ive (AILD Draft) on ad­apt­ing non-con­trac­tu­al civil li­ab­il­ity rules to ar­ti­fi­cial in­tel­li­gence as a po­ten­tial solu­tion...
06/10/2022
En­ergy stor­age trends – Spot­light on Spain
In­tro­duc­tion In Spain, the Na­tion­al In­teg­rated En­ergy and Cli­mate Plan 2021-2030 ("PNIEC") aims to achieve a 100% re­new­able elec­tri­city sys­tem by 2050. However, the wide­spread pen­et­ra­tion of in­ter­mit­tent...
29/09/2022
European Com­mis­sion pro­poses emer­gency mar­ket in­ter­ven­tion to tackle high...
On 14 Septem­ber 2022, the European Com­mis­sion (“Com­mis­sion”) pub­lished a pro­pos­al for a Coun­cil Reg­u­la­tion on an emer­gency in­ter­ven­tion to ad­dress high en­ergy prices (“Pro­pos­al”). This emer­gency...
13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
10/08/2022
En­ergy – pun­it­ive in­terest where there is “Sig­ni­fic­ant Con­nec­tion with...
Sum­mary The Late Pay­ment of Com­mer­cial Debts (In­terest) Act 1998 im­plies a term in Eng­lish law con­tracts for the sup­ply of goods and/or ser­vices in the event of late pay­ment by the pur­chaser.  This ‘stat­utory...
08/07/2022
CJEU gives pre­ced­ence to Span­ish court judg­ment over Eng­lish Com­mer­cial...
On 20 June 2022, the Court of Justice of the European Uni­on (“CJEU”) de­livered a “pre­lim­in­ary rul­ing”[1] that an Eng­lish Com­mer­cial Court judg­ment[2] en­for­cing an ar­bit­ral award (the “Eng­lish...
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...
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.