Windenergie

CMS leads the legal market in wind energy advice. Our lawyers have advised the leading companies in the sector on all elements of the planning, consenting, developing, financing, constructing, connecting, operating, acquiring and divesting onshore and offshore wind farms. This enables our team to provide efficient, high quality advice and to ensure the best possible outcomes.

Knowledge of the offshore wind tender process in the Netherlands

We have advised or been across the table from many of the major players in the wind energy sector and understand the drivers and dynamics of investment into this asset class. We have advised a large number of parties on onshore and offshore wind transactions in the Netherlands. We were actively involved in the development of the tender regulation and the Realisation Agreement and Connection and Transmission Agreement developed by Dutch TSO TenneT for the offshore grid. We have advised Ørsted on its successful participation in the Borssele I and II tender, as well on its participation in the Borssele III & IV tender and we have furthermore acted for other parties on various other offshore wind transactions and tender processes.

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Selection of our recent wind energy experience in the Netherlands

1. Partners Group | Advised on the acquisition of a 45 % interest in the Dutch partnership holding the project rights in respect of the offshore wind farm Borssele sites III and IV.
2. Ørsted | Advised on its successful participation in the first Dutch offshore wind tender in relation to the wind areas Borssele I and II.
3. Ørsted | Advised on its participation in Dutch offshore wind tender in relation to the wind areas Borssele III and IV.
4. Microsoft | Advised on a corporate Power Purchase Agreement (C-PPA) with Eneco to purchase power and guarantees or origin generated by offshore Windpark Borssele III&IV.
5. Partners Group | Advised on the PPA entered between offshore Windpark Borssele III&IV with Shell and Eneco.
6. Ørsted | Advised on its objection against the tender outcome in relation to a Dutch offshore wind park.
7. A joint venture of Ballast Nedam and Vestas | Advised in arbitral proceedings regarding the foundations of offshore windpark Egmond aan Zee.
8. Shell and NUON (currently Vatenfall) | Advised on the development of windpark NoordZeeWind (currently named Egmond aan Zee).
9. Offshore Windpark Egmond aan Zee | Advised on the drafting and negotiation of the PPA between offshore Windpark Egmond aan Zee and its two shareholders, Shell and Vattenfall (being the PPA off-takers).
10. MHI Vestas | Advised on the turbine supply agreement and service agreement in relation to offshore wind park Eneco Luchterduinen (previously named Q-10).
11. E-connection / Windpark Q7 | Advised on all aspects of the development, financing, corporate structuring, procurement and construction of the first Netherlands offshore wind farm.