Energy
Specialized knowledge of the energy sector
In the dynamic world of energy and infrastructure, specialist legal support is indispensable. Whether you are a project developer, investor, energy company, large-scale consumer, bank or public institution, La Gro’s Energy sector team guides its clients through the legal challenges associated with sustainability, grid congestion, the heat transition, subsidy processes and (cross-border) cooperation agreements.
We support clients throughout the entire lifecycle of energy projects, from inception and development through to operation and handover. We assist market participants who are facing a fine, a binding instruction or an order subject to a penalty payment from the ACM.
Multidisciplinary team
The Energy sector team combines in-depth knowledge of energy law with experience in areas including corporate law, European law, property law, environmental law, project finance, contracting and tendering. Our integrated approach enables us to respond quickly, manage risks and make the most of opportunities in a sector where technological innovation, legislation and regulations, and social developments are constantly evolving.
Legal clarity in complex energy projects
Whether it concerns traditional energy infrastructure or renewable energy projects such as wind and solar power, hydrogen, CCS(U) or sustainable heat, we provide legal clarity in a complex market.
Please feel free to contact us with any questions regarding energy regulation, projects or other related topics.
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What we can do for you
Our sector team has experience in providing legal support to all partners in the energy sector, including:
- projectdevelopers and initiators throughout the entire lifecycle of energy projects, from the initial letter of intent and the establishment of property rights such as building rights and long-term leases to the final realisation of PV, EV, onshore wind farms and large-scale battery energy storage (BESS) projects.
- systemoperators at regional and national level in the roll-out of the electricity grid, and advise on land acquisition for transformer stations, the legal validity of congestion management, and disputes concerning the obligation to connect, whilst also representing parties in enforcement or dispute proceedings before the ACM regarding the obligation to connect.
- energy suppliers and producers in relation to complex contract drafting and licensing, including the drafting of (Corporate) Power Purchase Agreements (PPAs), advising on supply licences and the ACM’s tariff supervision, and advising on the impact of new European directives on business operations in the Netherlands.
- local authorities and municipalities in implementing the heat transition and supporting them with the legal framework for the Regional Energy Strategy (RES), drafting heating programmes and the legal roll-out of district heating networks, establishing a heating company with additional advice on the use of public funds and subsidies for local energy initiatives within the frameworks of the Heating Act and the District Heating Act.
- large-scale consumers and industry, providing solutions to challenges behind the meter and advising on making industrial property more sustainable, setting up closed-loop systems (CLS) and addressing grid congestion through local energy hubs from a legal perspective.
- investors and financiers with risk management in capital-intensive transitions by conducting in-depth legal due diligence on the acquisition of energy assets and by advising on the financeability of projects within a changing regulatory landscape.
Within the field of energy law, we assist clients with the complex regulation of the market and the transition to renewable energy sources:
- Energy Act
- Collective Heating Act (Wcw) and Municipal Instruments for the Heat Transition Act (Wgiw)
- Roll-out of district heating networks and establishment of heating companies
- Advice on grid connections and transmission capacity, including solutions such as cable pooling, direct lines and closed systems
- Project agreements: ATO, GTO, Grid Sharing, Congestion Measures, EPC/O&M
- Balancing, transmission and flexibility services
- Disputes with the Netherlands Authority for Consumers and Markets (ACM)
The energy transition requires the smart use of physical space; we advise on the real estate law framework for every project:
- Ownership structuring and establishment of property rights (superficies, leasehold, easements)
- Environmental, planning and other permits
- Thermal Energy Storage (TES)
- Policy development for making existing property more sustainable
- Area and project development o Expropriation for public utilities
We safeguard our clients’ commercial interests through sound contracts and clear forms of cooperation:
- Mergers and acquisitions (M&A)
- Corporate advisory: establishing and structuring joint ventures and partnerships
- Support and structuring: Energy hubs and energy cooperatives
- Project finance
The sector is increasingly governed by European regulations and sustainability reporting. We advise on, amongst other things:
- Subsidies, state aid and competition. Read more about our competition and EU team.
- ESG, the internal energy market and climate law
- Public procurement law (guidance, advice, procedures)
Without the correct permits, every project comes to a standstill. Our energy sector team guides you through the public law procedures, with multidisciplinary input from our administrative and environmental law teams:
- Environmental, spatial planning and other necessary permits (Environment Act)
- Spatial planning and environmental planning procedures
- Proceedings before the Council of State regarding energy projects
- Nitrogen issues (PAS) in the construction of energy infrastructure