Solar energy

Although solar photovoltaic (PV) power plants currently represent a small part of global power generation, Solar PV is becoming an increasingly important energy generation technology. In the Netherlands a large number of solar PV parks has been developed over the past years and the installed capacity of solar PV parks is still rapidly increasing.

Solar energy in the Netherlands

The legal landscape surrounding solar energy in the Netherlands is constantly evolving, influenced by a variety of factors including technological advancements, regulatory changes, and environmental considerations. At CMS, we stay at the forefront of these trends, ensuring our clients are well-informed and strategically positioned to capitalize on emerging opportunities.

Key legal trends in solar energy include:

• Feed-in Tariffs (FiTs): Stay abreast of the evolving feed-in tariff landscape, ensuring optimal returns on solar PV investments.
• Regulatory Compliance: Navigate the complex web of regulations governing solar projects, ensuring adherence to local, national, and EU guidelines.
• Grid Connection and Integration: Facilitate seamless integration into the national grid, addressing challenges and maximizing the efficiency of solar energy systems.
• Permitting and Licensing: Streamline the permitting process, securing the necessary licenses efficiently and effectively for solar PV installations.
• Contractual Agreements: Draft, review, and negotiate comprehensive contractual agreements, safeguarding the interests of all stakeholders involved in solar projects.
• Innovative Financing Models: Explore cutting-edge financing models tailored to the unique demands of solar energy projects, fostering sustainable growth.
• Dispute Resolution: Provide robust dispute resolution mechanisms, ensuring a swift and effective resolution in the event of conflicts related to solar energy initiatives.

Legal areas of expertise in solar energy

Our dedicated Energy & Climate Change team has specialist knowledge of each stage of the development of a solar PV project, from the initial feasibility study through to operation and financing. We have acted for many leading players in the solar industry including developers, investors, financiers, electricity offtakers and suppliers. Accordingly, we know the opportunities and pitfalls and are able to guide the project teams on the contractual, commercial and contentious issues that inevitably arise on large scale, complex and innovative solar PV projects.

• CMS Publications on Energy & Climate Change
• CMS Expert Guides on Energy & Climate Change

Selection of our solar energy experience in the Netherlands

1. Susi Partners | Advised on the acquisition of a portfolio of solar PV projects, including one of the largest operational solar parks in the Netherlands.
2. NextGen IPP GmbH | Advised on the acquisition, development and project financing of solar park Lochem, located on a former landfill.
3. Aroundtown | Advised on the restructuring of the energy supply of its Dutch commercial real estate portfolio, including a rooftop solar PV installation on the INIT Building in Amsterdam.
4. Solarpark Groene Hoek II (18 MWp) | Advised on the Power Purchase Agreement with Vattenfall.
5. Wircon | Advised on the acquisition, development of all project agreements and project financing of the at that time largest operational solar PV park, SunPort Delfzijl (30 MW).
6. Wircon | Advised on the sale of solar PV park to a German purchaser (confidential) and the subsequent divestment of a 40% interest to Groningen Seaports.
7. Delin Capital Asset Management (DCAM) | Advised on the development and operation of one of the largest single roof solar plants in the Netherlands. The solar plant is located on the 57,000 m2 roof of DCAM's warehouse facility on industry area Ekkersrijt in Born (let out to Rhenus logistics), the Netherlands and is owned and operated by KiesZon (subsidiary of renewable energy supplier Greenchoice).
8. Groningen Seaports, Wircon and Bronnen van Ons | Advised on the corporate structure, development and project financing of Solarpark Valgenweg.
9. Low Carbon | Advised on a development service agreement with a Dutch party for the development and operation of solar PV plant and rooftop projects in the Netherlands.