Our firm has developed cross-disciplinary and comprehensive expertise in the energy sector, whether in renewable energies (offshore and onshore wind power, photovoltaic and thermal solar energy, marine and hydraulic energy, heating networks, biomass and energy recovery) or fossil fuels, or in the regulations specific to nuclear power.
Our in-depth knowledge of the applicable EU, legal and regulatory framework enables us to cover the entire energy value chain, from project design to the operating phase, transport and distribution, the valuation of assets over time and their dismantling. In particular, our firm closely monitors all developments related to the energy transition (energy efficiency, energy renovation of buildings, self-consumption, storage, capacity mechanisms, electric mobility and IRVE, sustainable and intelligent cities and territories).
We advise incumbent operators, major industrial groups or SME-SMIs, public authorities, banks and investment funds as well as new players in France and/or abroad. With the support of our international offices, we support you in France and abroad on a wide variety of energy projects. Notably, with our Dakar office, we have developed strong expertise in renewable infrastructure projects in Africa.
We are able to assist our clients in all legal and contractual aspects of project implementation:
- Regulations: Energy licensing under energy law, town planning law and environmental law, electricity and gas supply permits, operating permits, building permits, classified facilities declarations, repowering).
- Regulatory: Benefits of support mechanisms, calls for tender, tariff issues, energy saving certificates, peakload capacity guarantees, guarantees of origin.
- Network access: Public transport and distribution contracts (connection, network access), smart grids.
- Legal audits on regulatory, permitting, corporate, contractual, financial, tax and social aspects.
- Land tenure rights: lease/purchase agreements, acquisition of land that may involve local authorities, whether or not a Declaration of Public Utility is required.
- Structuring: Transactions to acquire or acquire interests in companies that operate energy assets, negotiation of agreements for sales of shares and shareholders' agreements
- Financing: Drafting or review of financing documentation (financing contract, inter-creditor agreements, securities), participatory financing (for citizen investment via crowdfunding platforms and local authorities), fund raising, innovative financing, etc.
- Taxation: transaction structuring, tax optimisation, assessment of project taxation, green taxes (CSPE, specific taxes, tax incentives)
- Contracts pertaining to facility construction and operation: turnkey contracts, BoP, turbine supply agreement, project management contracts, construction work contracts, operating and maintenance contracts, asset management contracts.
- Energy contracts: energy supply contracts (electricity, gas, steam), purchase/sale contracts, corporate PPA, energy performance contracts,
- Public contracts: PPPs, concessions and public service delegations
- Litigation and Arbitration: assistance before the commercial and administrative courts as well as before the Energy Regulatory Commission (CoRDiS)
DS Avocats is a member of the Syndicat des Energies Renouvelables (SER), France Energie Renouvelable (FEE), the Franco-German Office for Energy Transition (OFATE) and Atlansun.