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Apart from offering expert legal consultancy for local jurisdictions, CMS Francis Lefebvre partners up with you to effectively navigate the complexities of global business and legal environments.

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Ecological and Energy Transition

Sustainable infrastructure

Supporting you in the ecological transition of your infrastructure projects

Infrastructure is so decisive for territories that it can by itself facilitate or brake the ecological shift of a community or population basin. This is clearly the case in the areas of water, sanitation and waste, transport and energy, but in reality, in all other areas as well.

Infrastructure makes its ecological transition in order to become sustainable

Under the impetus of the green deal between the European Union (which foresees a virtuous post-Covid recovery) and international institutions, existing infrastructure will increasingly be replaced or upgraded in order to take the effects of climate change into account. New projects will be more dependent on their ecological sustainability: balancing their negative externalities with the environmental, economic and social improvements which they provide will become the rule.

What is sustainable infrastructure?

Sustainable infrastructure is a physical resource shared by all; it is designed, built and operated in a socially, economically and ecologically responsible manner, in order to preserve future generations and biodiversity.

Our lawyers are at your side to assist you in this process

While innovation is one of the keys to this development, the legal structuring of projects and the drafting of appropriate clauses are also essential. Our team can advise you on:

  • legal and tax due diligence and project structuring for a new project (greenfield) or an existing project (brownfield):
    • analysis of the applicable regulations;
    • analysis of authorisations obtained or to be obtained and of the contractual documentation in force;
    • project documentation: drawing up, review and negotiation of contractual documentation: "head" contracts (concession, public global or partnership contract, contract of occupancy of the public domain, etc., or administrative authorisation); project contracts and industrial contracts (design, construction, operation and maintenance, supply and subcontracting contracts, interface contracts, etc.);
    • contracts for the sale of securities or assets;
    • consortium and joint venture agreements, articles of association and shareholders' agreements, etc.;
    • legal documentation relating to equity and quasi-equity investment and issue of equity, debt and complex securities;
  • support to developers and investors in structuring their projects:
    • securing property and land issues;
    • obtaining authorisations required under energy law, urban planning law, environmental law, "single authorisations", etc.;
    • assistance during the construction phase;
    • assistance in negotiating design, construction, operation, maintenance, supply, subcontracting, etc.;
    • advising on energy law regulations (self-sufficiency, private networks, connection, etc.);
    • assisting in project funding (project documentation and associated securities)

Our teams are at your disposal to assist you with this process.

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Insights on Sustainable infrastructure

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