Energy and infrastructure

Since our creation in 2008, we have developed a recognised expertise in the energy and infrastructure sectors.

We work with private and public sector clients, including developers, producers, investment funds and institutions.

We have developed a transversal offer, designed to meet all the specific needs of our clients operating in these sectors.

We work in “project” mode in order to assist you with the regulatory and contractual aspects of your operations, whether it be for securing the land, obtaining your authorisations, signing and negotiating any public contracts, corporate structuring or financing, or even the sale or acquisition (greenfield and brownfield). If necessary, we can assist you in the litigation procedures (administrative and judicial) related to your projects.

Our sectoral expertise enables us to offer you pragmatic and efficient solutions, adapted to the specific challenges of your sector.

We have a strong reputation in the renewable energy, storage and hydrogen sectors.

In terms of infrastructure, we have developed significant experience in the airport sector, and more generally in transport.

Our solutions

Regulatory – permitting

 

  • Project management
  • Analysis of project feasibility with regard to regulatory constraints (urban planning, environment, connection, etc.)
  • Audit of applications for administrative authorisations
  • Partnerships with public entities and public procurement
  • Prevention of conflicts of interest
  • Measures to support local areas
  • Connection (procedures, direct and indirect connections, etc.)
  • “Pricing” issues
  • Project due diligence

 

Public contracts

 

  • Assistance during procurement procedures
  • Drafting and negotiating contracts
  • Enhancing the public domain
  • State aid

 

Corporate

 

  • Formation and monitoring of project companies
  • Shareholder agreements and joint venture agreements
  • Preliminary and acquisition agreements (NDA, MoU, asset and liability guarantees, etc.)
  • Fundraising structuring
  • Due diligence of companies
  • Integration of local authorities into capital or project financing

 

Project financing

 

  • Drafting / negotiation of financing documentation
  • Assistance with structuring portfolio financing or refinancing
  • Assistance with monitoring the execution of the financing
  • Drafting and negotiation of project contracts (EPC, O&M, development contracts, Corporate PPA, etc.)

 

Real estate

 

  • Assistance with developing land structures (sale before completion), volume divisions, etc.)
  • Drafting and negotiation of leases (long leases, building leases, commercial leases, etc.)
  • Authorisations to occupy the public domain
  • Construction contracts

 

Litigation

 

  • Urban planning and environmental authorisations
  • Power connection
  • Criminal and civil risks
  • Public procurement
  • Commercial and real estate disputes

The team Energy and infrastructure

Awards

Training provided

  • Conducting training for junior project managers of a developer to raise their awareness of the regulatory issues in the development of wind and solar projects (2022).
  • Conducting training for foreign operators on the legal stages of developing a wind and solar project (2020).
  • Training courses for companies holding airport concessions on airport works and environmental regulatory procedures (2019).
  • Conducting and facilitating training for the Union des Aéroports Francophones (union of french speaking airports) on the key steps and pitfalls to be avoided when carrying out works on an airport site (2018).

Academic / press publications

  • Author of the booklet of the encyclopedia JurisClasseur on “Legal aspects of the development of photovoltaic installation projects”.
  • Author of the French chapter of the “Energy” guide published by Global Legal Insights dedicated to the legislative and regulatory framework applicable to the energy market (since 2019) (https://www.globallegalinsights.com/practice-areas/energy-lawsand-regulations/france ).
  • Interview with Jocelyn Duval, “3 questions sur l’énergie” (“3 questions on energy”), L’énergie en question, June 2018.
  • Interview with Jocelyn Duval, “l’arrêt Vent de Colère! by the CJEU of 19 December 2013”, Lexbase Hebdo public edition no. 314 of 9 January 2014.
  • “Biomass: it is essential to simplify the regulatory framework”, Les Echos – Le Cercle, 11 October 2011.

References

  • Advising EDF Renewables on its acquisition of a 40% stake in Green LightHouse Development, owned by Green Investment Group (Macquarie).
  • Advising numerous renewable energy project developers in connection with appeals against environmental permits and/or construction permits for their projects or against the refusal of such permits.
  • Advising renewable energy project developers in the drafting of lease agreements and leases relating to the securing of land for wind or photovoltaic projects (including rooftop projects).
  • Advising a sub-Saharan African State in the negotiation of all contractual documentation relating to the development and financing of the first 32 MWp photovoltaic power plant in the country.
  • Advising a developer in the analysis of the feasibility of creating an endowment fund and/or other financial tools in order to interest the territories in the development of renewable energy projects and drawing up a risk grid linked to the implementation of these tools.
  • Advising a developer in (i) the negotiation of a memorandum of understanding with competing developers in order to terminate litigation relating to their respective wind projects and (ii) the monitoring of the execution of the memorandum of understanding.
  • Advising a developer in the analysis of the legal constraints applicable to the sale of electricity between a RE plant and an electrolyser.
  • Advising a developer in analysing the legal frameworks for entering into a partnership with public entities for the construction and operation of water electrolysers and the sale of H2 to public entities.
  • Advising a PV plant operator on the strategy to be adopted following a construction site incident causing pollution (relations with the administration and the landowner, analysis of criminal and administrative risks).
  • Advising a photovoltaic developer on the analysis of the legal regime applicable to the type of shading project he wishes to develop, both from the point of view of “energy” and “environmental” regulations.
  • Advising an insurance company on the assessment of risks related to appeals against a building permit and the ICPE authorisation of a wind farm with a view to determining the possibility of insuring “recourse” risk and allowing the financing of the project.
  • Advising a renewable energy producer in connection with the design, drafting and negotiation of a partnership with a local authority with a view to taking an equity stake in a project company.
  • Advising a wind power developer in connection with the audit of his projects with a view to improving their bankability and enabling their sale.
  • Advising a foreign energy company in connection with the audit of a large portfolio of wind and solar projects (>300 MW) with a view to making a decision on its acquisition.
  • Advising a developer of photovoltaic projects in connection with the acquisition of several solar ground power plants.
  • Advising a project developer in RE in connection with project financing relating to refinancing (for an amount of approximately €100 million) of a portfolio of solar power plants located in France.
  • Advising a wind power operator in connection with the financing of a wind farm located in Loire Atlantique and composed of 5 wind turbines with a nominal power of 3.2 MW and a total capacity of 16 MW.
  • Advising an airport operator in connection with the procurement procedure relating to the renewal of an airport concession located in mainland France.
  • Advising an airport operator in the context of pre-contractual referral procedures initiated by a competitor, removed from a procedure for the renewal of an airport concession.
  • Advising a consortium in connection with (i) the legal feasibility analysis of an innovative urban logistics project to be created with public entities and (ii) decision-making assistance to choose the most appropriate legal framework.
  • Advising a public company that owns international airports located in France to determine the various possible scenarios for implementing environmental and urban planning procedures (water law, environmental assessment, urban planning) to be implemented with a view to carrying out various real estate operations (renovation and extension of terminals, creation of an aerial slab, land development works with a view to their marketing).

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