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The current energy sector is developing at a rapid pace and becoming technically more complex, entailing a wide range of legal risks, opportunities and challenges. The energy and utilities sector interacts with various legal areas and thus requires a multidisciplinary approach when giving advice or legal support.

Clients (energy consumers) from other industrial and commercial sectors also come to us when it concerns regulatory and contractual aspects of energy and utilities laws both in Belgium and at European level.

In recent years we have had the opportunity to see the markets, and legal issues involved, expand with new developments such as hydrogen, storage, climate litigation, heat networks and demand side management. We are committed to accompany our clients throughout this evolution.

If needed, we represent our clients in arbitration, appeal and court proceedings (domestic and EU).

Energy Expertise

We are widely recognized in the sector for having contributed to the implementation of both the Electricity and Gas Directives in federal law and regional laws in Belgium, as well as in other European member states. These works involve the drafting of national and European project laws as well as secondary legislation. We are involved in and following up the implementation of the EU Clean Energy Package for the coming years (eg as to local energy consumption opportunities).

We also assist clients in the drafting, assessment, amendment and negotiation of specific fully-fledged energy contracts. We take into consideration the latest regulatory developments and legal doctrine while setting up your energy contract.

We offer our expertise in both regulated and non-regulated energy contracts. Our expertise regarding regulated contracts includes negotiation on connection and access contracts, transit contracts or access responsibility contracts. 

Specific commercial energy contracts vary from gas, heat and electricity supply, general conditions and term sheets, to O&M/BOT contracts for energy projects, and to high standard energy contracts including Corporate PPAs, tolling agreements, wheeling agreements, direct delivery and connection agreements, and demand response agreements.

Members of the Energy and Utilities Team also assist major players on entering the European or specific Belgian electricity and gas markets. 

Achievements include working on competition issues of long term gas contracts, model electricity supply contracts, REMIT obligations, TOP clauses, multi-site contracts, green certificates and default supplying mechanisms.

Moreover, we have assisted major players in their projects for the construction of new power plants (both fossil fuelled and on the basis of renewable sources of energy). 

This work involves both the preliminary contacts with regulatory authorities and permitting administrations, as well as the development of adapted corporate and contractual (EPC, O&M, financial) mechanisms within the regulated framework of network access.

We also assist multiple public authorities (municipalities, provinces, Regions) in public procurement for energy-related projects regarding renewable energy generation, green energy purchasing and energy savings projects.

As we have a profound understanding of the regulatory framework and the processes involved, we are able to combine our know-how with expertise in dispute resolution. Hence, we are well-placed to represent our clients in national and international arbitration or administrative proceedings in all instances before specialized courts.

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The Belgian Parliament recently adopted the Hydrogen Act, a landmark piece of legislation that regulates the transport of green hydrogen through pipelines. This newsflash critically reflects on this legislation, highlighting its innovations and weaknesses.

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Download: The EU's Hydrogen Strategy and its implementation in Belgium

Growing interest in green hydrogen as a zero-carbon fuel for the future has highlighted the need for a steady legal framework to support the development of this form of energy.


The Fieldfisher Gas Primer: A summary of the European Gas position

What is the current gas situation across Europe? Click below to discover our guide where our experts have outined the variety of different positions adopted by Governments across the region to try and mitigate high prices for both consumers and wider industry.

Download the guide