Expertises
Belgium’s energy market is changing quickly. Businesses are investing in renewable energy, energy efficiency, electrification, storage, grid solutions and decarbonisation, while suppliers, developers, investors and public authorities must comply with a complex framework of federal, regional and EU rules.
We support clients throughout the energy project lifecycle, with advice tailored to the industry-specific issues that often determine whether an energy project can be developed, financed, connected, operated or challenged. This includes market access, grid and infrastructure questions, permits, public procurement, subsidies, contracts, competition law, data protection (GDPR) and dealings with energy regulators and public authorities.
Our approach is practical and cross-disciplinary. We help clients understand their obligations, anticipate regulatory and public-law risks, and structure energy-related projects and collaborations in a legally robust way.
How we can help
- Energy regulation and market access: Advising on Belgian and EU electricity and gas regulation, supplier obligations, market entry, grid access, energy sharing, closed distribution or industrial networks, regulatory compliance and interactions with CREG, VREG, BRUGEL and CWaPE.
- Renewable energy and infrastructure projects: Supporting solar, wind, storage, heat networks, hydrogen-related infrastructure, on-site generation and decarbonisation projects, including project structuring, risk allocation and project documentation.
- Grid access, connection and energy infrastructure: Assisting with legal issues linked to grid connection, access to energy infrastructure, direct lines, capacity constraints, industrial sites and the contractual framework needed to connect and operate energy projects.
- Permits, public law and administrative procedures: Assisting with environmental and planning permits, authorisations, public-domain issues, federal and regional competence questions, administrative appeals, dealings with public authorities and regulatory decision-making.
- Competition law and State aid: Advising on merger control, joint ventures, cooperation agreements, consortium bidding, market-sharing risks, abuse of dominance, access to infrastructure, State aid, subsidies, capacity mechanisms and public support schemes.
- Public procurement and concessions: Supporting tender strategy, procurement documents, award procedures, concessions, PPPs, public contracts, bid challenges and contract-performance issues for energy, infrastructure and energy-efficiency projects.
- Energy contracts and commercial arrangements: Reviewing and negotiating PPAs, energy supply agreements, access and connection agreements, energy services contracts, EPC/ESCO arrangements, off-take contracts, direct lines, heat supply agreements and other project contracts.
- Regulatory disputes and litigation: Representing clients in administrative appeals, regulatory litigation, procurement disputes, contractual disputes, energy pricing issues, competition complaints and proceedings before courts or regulators.
- Corporate, real estate and tax support for energy projects: Supporting transaction structuring, due diligence, M&A, real estate aspects, lease and right-of-use structures, financing and tax coordination for energy and decarbonisation projects.
- International energy trade: Advising on cross-border energy purchases and sales, including the drafting and negotiation of international sale and purchase contracts, INCOTERMS, customs and trade compliance and sanctions screening.
Key contacts
Jan Ghysels (jan.ghysels@be.Andersen.com) and Miguel Caramello-Álvarez (miguel.caramello@be.Andersen.com): responsible partners for the energy law service line, including its administrative law aspects.
Luca Roscini (luca.roscini@be.Andersen.com): contracts and competition law.
Karen De Braekeleer (karen.debraekeleer@be.Andersen.com): public procurement and concessions.
Pieterjan Smeyers (pieterjan.smeyers@be.Andersen.com) and Sébastien Watelet (sebastien.watelet@be.Andersen.com): tax matters.