Energy: regulatory in Netherlands
Allen & Overy LLP
With a strong track record for energy regulatory work, Allen & Overy LLP advises energy companies on all elements regarding the development of energy projects, such as off- and onshore wind parks, solar parks, geothermal and biomass. The team provides utilities companies with standalone regulatory advice; Marinus Winters is frequently involved in the regulatory side of project financing matters. Werner Runge and Kees Schillemans jointly oversee the practice.
Werner Runge; Kees Schillemans
‘Hands on and short contact lines.‘
‘Long track-record in this specific field of expertise covering the whole range of regulatory matters.’
‘In-depth knowledge and quality of legal advise that is to the point and pragmatic.‘
PZEM (formerly Delta)
Diamond Wind Europe BV
Ørsted (formerly DONG)
Vereniging Gasopslag Nederland
- Advising Uniper on the forced shut-down of its coal fired power plant located on the Maasvlakte, as well as the decision to stop the development of a pilot CCS project.
- Advises Ionity, the joint venture of BMW Group, Daimler AG, Ford Motor Company and the Volkswagen Group with Audi and Porsche, on permitting issues in relation to the development of a high-power-charging network of fast charging stations for electric cars along the Dutch highways (and other major routes across Europe).
- Advising the lenders of Windpark Fryslân B.V. on (the regulatory aspects of) the project financing of a near-shore windpark in the north-east of the IJsselmeer in the Netherlands.
Recognised for its 'very strong energy practice, covering the whole spectrum from regulatory to litigation to M&A and project finance, De Brauw Blackstone Westbroek's sizeable team handles national and cross-border matters. The team, under the leadership of Nicolien Van Den Biggelaar remains at the forefront of market developments, having been one of the first to be involved in emissions trading and climate change, and is very active in the field of renewable energies including on and offshore wind, solar, waste to energy, biomass and carbon storage. Counsel Arjan Kleinhout is 'the go-to-person for extremely complex and technical energy regulatory questions.'
Nicolien van den Biggelaar
Other key lawyers:
Arjan Kleinhout; Marnix Leijten; Bregje Korthals Altes; Edward van Geuns; Martje Verhoeven-de Vries Lentsch; Matthias Kuscher; Claire van der Hoeven
‘Very strong energy practice, covering the whole spectrum from regulatory to litigation to M&A and project finance. The regulatory team is lean and efficient and their industry knowledge and technical legal expertise are impressive.‘
‘Large span of expertise in house, i.e. not only energy but also related areas as well as a general law practise. The team is diverse in the sense of years of experience. Thus there is an opportunity to make use of junior lawyers with a lower hour rate combined with more senior lawyers that results in high quality services.‘
‘De Brauw has leading edge competence in administrative and regulatory law concerning energy production and transport. De Brauw knows how to interweave this effectively in the client’s process, in such a way that there is added value for the projects involved.‘
‘Very knowledgable team that provides great service.‘
‘The individuals are experienced, sympathetic and reliable. Interests of the client/strategic interests are taken into account.‘
‘Nicolien van den Biggelaar and Arjan Kleinhout have leading edge competence in administrative and regulatory law concerning energy production and transport. They bring their knowledge in the right way into the appropriate form in clients processes.‘
‘Arjan Kleinhout is very much able to think with the client, he puts client’s interest first and is thereby very much cooperative to us. He provides his comments in an understandable way, and thinks one or several steps ahead in proceedings.‘
‘Key partner Nicolien van den Biggelaar is highly knowledgeable, always up-to-date and a great sparring partner for clients on strategic and legal matters. She works with an excellent team and staffs lean so as to offer clients efficient and excellent legal products.’
‘Counsel Arjan Kleinhout is the go-to-person for extremely complex and technical energy regulatory questions. He is down to earth and his calm personality helps diffuse volatile situations in negotiations and litigation.’
‘Senior associate Claire van der Hoeven is well-versed in both energy regulatory and energy M&A. Clients are in good hands with her as she is on the ball and never gives up. Definitely someone to keep an eye out for.‘
Shareholders of Eneco
Waterland Private Equity Investments
Port of Rotterdam
- Represented TenneT in many of its national and international projects related to the energy transition.
- Acting as project counsel for the North Sea Wind Power Hub (NSWPH) consortium and advises the NSWPH consortium on complex legal questions in new areas.
- Acts as lead counsel to Gasunie in many of its national and international energy projects.
Offering clients a full service on energy-related work, Loyens & Loeff focuses on oil and gas, power and utilities as well as renewables. A special feature is the fact that the firm has a team consisting of ten lawyers dedicated to advising energy clients exclusively on tax issues specific to the energy industry. The duo Jan-Willem van Rooij and Roland de Vlam lead the practice. Guido Koop and Michiel Schul were promoted to partner in January 2019, while Bas Vletter left the firm and joined Greenberg Traurig LLP in September 2019.
Jan-Willem van Rooij; Roland de Vlam
ConocoPhillips Petroleum Holdings B.V.
Stedin Netbeheer B.V.
Astronergy Solar Netherlands B.V.
Lightsource Renewable Energy Netherlands Holdings
Coöperatieve Rabobank U.A.
- Advised the distribution system operator Alliander N.V. in Supreme Court proceedings against the municipality Voorst on the termination of an indefinite term pipe laying contract (without a termination clause) entered into between these parties.
- Assisted ContourGlobal Bonaire on the higher appeal court proceedings before the joint courts of the Dutch Caribbean regarding the first imposed method decision on energy tariffs by the Authority for Consumers and Markets (ACM, the Dutch energy regulator).
Issues relating to energy transition and climate change are high on Pels Rijcken & Droogleever Fortuijn NV's agenda, which is praised for its 'in-depth knowledge of the energy market'. The team is also involved in major solar PV and wind farm developments as well as projects in renewables such as geothermal heat production, heat and cold storage and supply. On the contentious side, the firm represents major players such as TenneT (Dutch TSO) in energy regulatory matters. Iman Brinkman, who is 'a superb expert in the energy field' is at the helm.
‘High profile knowledge and very responsive.‘
‘Iman Brinkman – very well connected in politics, detailed knowlegde on energy law and the sector. Very good value for money.‘
‘The team has an in-depth knowledge of the energy market, not only as regards the regulatory framework but also as regards the latest trends, technological innovations, etc. so they can offer more creative solutions.‘
‘Extremely knowledgeable and reliable as well as great strategic think in complex litigation cases.‘
‘Iman is quite determined. I am also happy to have Iman in the editorial board of the Dutch Journal on Energy Law that I am chairing, as his contributions to the Journal are excellent and punctual.‘
‘Iman Brinkman – attention to detail, thorough knowledge of all links in the supply chain.‘
‘Iman Brinkman – superb expert in the energy field, clear advice. Combines energy law well with e.g. other legal fields and has a good knowledge of other energy market developments in the wider sense.‘
Dutch Energy Regulator – ACM
Rendant (energy infrastructure company)
Ministry of Economic Affairs and Climate Policy
Ministry of Finance
Municipality of The Hague
Municipality of Rotterdam
Province of Zuid-Holland
Royal Dutch Shell
- Successfully assisted Dutch TSO TenneT in complex administrative litigation initiated by Tata Steel in relation to a power outage in 2015 as a consequence of which Tata Steel alleges to have incurred damages.
- Defending the Dutch State before the Supreme Court in the highly publicised Urgenda matter on climate change.
- Represented TOTAL’s Dutch gas and electricity supply business in a range of disputes with third party intermediary MKB Collectieven about the latter’s activities and alleged services.
Stek's energy and utilities team is recognised for its 'extensive knowledge and experience on energy law/regulatory' and has considerable strength in energy regulatory litigation. The team not only acts for all major electricity and gas distribution companies in the Netherlands in regulatory matters and represents them before the Dutch regulatory authority in the Administrative High Court for Trade and Industry, but also players in the oil and gas, wholesaler and supplier areas. Practice head Jan Erik Janssen is a 'legal authority'.
Jan Erik Janssen
Other key lawyers:
Stephanie Dielemans; Patou Courtens
‘They have an in-depth knowledge of energy law, creative in their thinking and quick to respond. Excellent team to work with.‘
‘Highly experienced, knowledgeable and good feeling for their customers. Always successful.‘
‘The team has extensive knowledge and experience on energy law/regulatory. To me they act as a knowledge- and sparring partner/litigator. They continue to strengthen/deepen the relations with our company and colleagues. This is much appreciated.‘
‘Professional and excellent communication skills.‘
‘Jan Erik Janssen stands out due to his exceptional knowledge of energy law/regulatory and his creative mindset through which he finds solutions that fit us best. He is a warm personality, to the point, explains difficult subjects in an easy manner and welcomes feedback.‘
‘Patou Courtens, extraordinary lawyer, stands out due to her thoroughness and accuracy. She is a good listener and has a modest appearance, however in court she is sharp and passionate if necessary.‘
‘Jan Erik Janssen is a legal authority in the Netherlands when it comes to energy related practises. He and his team provide advice on transactions, compliance and regulatory matters.‘
- Representing distribution company Liander in the so-called Schenkeveld case on scarcity of transport capacity (congestion).
- Representing EBN, the oil & gas subsidiary of the Dutch State on geothermal projects and other strategic initiatives.
- Representing PZEM in the first of its kind Remit sanction procedure by the energy regulator.
Freshfields Bruckhaus Deringer
The 'hands-on' team at Houthoff, which 'brings ample knowledge and expertise', covers the full gamut of energy sector transactions, regulatory matters and dispute resolution. The firm's diverse clientele includes energy companies' shareholders; banks and financial institutions, government bodies, suppliers, producers, investors and large energy consumers. Apart from dealing with matters in the chemical and refinery industry, the group, led by Kristen Berger, is active in renewables, particularly off- and onshore wind projects and waste to energy.
Other key lawyers:
Marc van Beuge
‘In depth knowledge and experience in the oil and gas business and related transactions, good understanding of the business and commercial issues that are key to the client. Next to that its responsive communication and ability come up with creative solutions to get there, also on non-legal issues.‘
‘Practical and commercially focused when needed combined with a broad and deep expertise on corporate law, finance, security, M&A as well as regulatory. I am confident to tackle a new challenge or negotiation with Houthoff, and confident they can help settle a fair structure with a view to the real risks. They belong to the small group of the best finance and energy firms in the Netherlands.‘
‘Sound knowledge and outstanding expertise about energy business in general and our business in particular. In energy business relevant and practical experience is key, otherwise engaging outside counsel is useless. Houthoff has succeeded in locking in this experience and therefore is able to give high quality no nonsense and relevant advice. Compared to other firm the team holds and very competitive position, the number of law firms that can supply equivalent services is very limited.‘
‘The team is hands-on, services minded and very pleasant to work with. They bring ample knowledge and expertise and to the heavy lifting to get the deal done!‘
‘With Houthoff we found a dedicated team player that is geared towards swift, practical and strong solutions for international initiatives from multinational companies in pursuit of hitting their ambitious sustainability targets. They help us meet our challenges in putting in place renewable energy power purchase agreements across the world.‘
‘Kirsten Berger is offering a broad range of skills for complex structuring, deals and negotiations.’
‘I have been working with Marc van Beuge for numerous years now. His knowlegde about energy law in combination with commercial contracting is unrivalled. He is extremely motived, always delivers (day and night), easy going, very responsive and also a nice guy to closely work with. He easy blends into an organisation, to come to tailor made and practical advice.‘
‘Jacques Kröner is a very service minded and pragmatic lawyer who brings great value to the table for a legal knowlegde as well as negotiation perspective. He has a very good sense for tactics/emotions and is very capable to find the compromise that gets a deal over the line.‘
- Advising Heineken in respect of the implementation of its ‘drop the C’ program by means of the drafting of template agreements for (i) solar PPA’s and (ii) steam supply agreements to be used by Heineken for the global roll-out of similar solar and biomass projects in the coming years.
- Advising Attero on numerous (potential) issues regarding waste agreements with various types of counterparties, such as commercial parties and municipalities.
- Advising a consortium of investors in NeuConnect consisting of Meridiam S.A.S., Allianz Capital, Kansai Electric Power Corporation en Greenage Power Limited and subsequently the lenders in relation to the NeuConnect project to develop, finance and construct a 1.4GW large-scale, offshore Electricity Interconnector between Germany and the United Kingdom.
Noted for being 'very up-to-date on the latest market and regulatory developments', Norton Rose Fulbright takes an integrated approach to energy matters, combining regulatory expertise with its corporate and finance capabilities. Wouter Hertzberger leads the team, which focuses on renewables, upstream oil and gas and energy infrastructure projects such as gas storage facilities.
‘The team is very up-to-date on latest market and regulatory developments.‘
‘They are very focused in structuring legal documentation both based on legal knowledge and also bringing experience from previous deals/projects into the equation.‘
Sete Brasil Participacoes SA
Windpark Krammer BV
World Fuel Services
'Practical and very responsive', Stibbe's activities in the regulatory energy field is widespread. The firm's workload includes advising energy and industrial companies in M&A mandates, for instance upstream oil and gas transactions, projects relating to wind farms, power plants and pipelines as well as commercial contracts and project finance matters. Practice head Martin In de Braekt is heralded as 'the premier Dutch energy lawyer for some time.'
Martin In de Braekt
Other key lawyers:
Anna Collignon; Li Wee Toh; Valérie van ‘t Lam; Neeltje Walgemoed; Victor van Campen
‘Practical and very responsive team with in depth knowledge of the regulatory landscape.‘
‘The team is very pleasant to work with, with a very informal and pleasant sociable approach to their client. Feels like it is an extension of our legal team rather than outside counsel. Very knowledgeable with hands-on and truly useful experience.‘
‘First rate knowledge of the sector including all relevant developments.‘
‘Martin In de Braekt – very dedicated advisor with practical knowledge of what his client needs in the specific context.‘
‘Martin In de Braekt has been the premier Dutch energy lawyer for some time.‘
Eurus Energy Europe (shareholders: Toyota Tsusho Corporation and Tokyo Electric Power
GE Renewable Energy
Northland Power Inc.
W2C (Waste-to-Chemistry) consortium (Air Liquide, Nouryon, Enerkem, Port of Rotterdam, Shell)
- Stibbe advises Eneco on its privatisation in a highly competitive auction process.
- Advised the consortium of Air Liquide, Enerkem, Nouryon and the Port of Rotterdam in respect of the participation of Shell as equity partner in the waste to chemistry (W2C) project in Rotterdam.
- Advising GE Renewable Energy in respect various developments regarding the installation and operation of a new offshore wind turbine model with 12 MW rated power output.
Van der Feltz Advocaten acts for utility companies, local and regional authorities such as municipalities, provinces and environmental agencies, but also investors, property developers as well as water and industrial companies. The team provides assistance to clients in relation to the regulatory aspects in energy projects and offers particular expertise in the renewable energy sector. Jacques Sluysmans, who is recognised for his expertise regarding pipeline issues, and Michelle de Rijke, who has deep regulatory energy experience jointly lead the practice.
Jacques Sluysmans; Michelle de Rijke
Chint Solar Nederland Projecten B.V.
Ørsted Wind Power Netherlands B.V.
Province of South Holland
N.V. Nederlandse Gasunie
Vermilion Energy Netherlands B.V.
NV Nuon Energy
NOGEPA (Netherlands Oil and Gas Exploration and Production Association)
- Strategic advice for Ørsted regarding new offshore wind energy regulations.
- Representing Rendant in Administrative law proceedings against appointment of public grid operator.
- Dispute and advice for Trinseo Netherlands regarding long-term energy supply contract.
AKD is commended for its strength in energy regulatory and renewable subsidies benefiting from its capabilities in planning and environment as well as public law. Other areas of expertise include solar and wind projects, specifically offshore matters including offshore wind, but also offshore energy-infrastructure and carbon capture and storage. Focusing on advising and litigating energy projects, Marjolein Dieperink leads the team.
‘Helpful mix of disciplines in the team. He was well informed and proactive and really understood the legal issues at hand.‘
Stichting Sint Trudo
Baker McKenzie advises companies, governments, public authorities and financiers in the power, renewables, climate change, oil and gas as well as the infrastructure sectors in a wide variety of transactions and related regulatory compliance. John Paans and Juliana Dantas jointly lead the team.
John Paans; Juliana Dantas
Other key lawyers:
Frenk Huisman; Koes Bos; Valérie van den Berg; Lin Yuen; Adinda Karperien; Wouter Diederen
Renewable Energy Group
- Advised Petrobras on the implementation of a “Strategic Alliance” with Statoil in the Netherlands.
Biesheuvel Jansen advocaten enjoys a good reputation for handling transactions, a wide range of projects including on- and offshore wind parks, hydrogen, biomass and biogas facilities and solar parks as well as regulatory matters. Practice head Rutger Jansen has been involved in several key matters representing ENGIE and INB Group regarding various projects and transactions.
Green Investment Group
Dutch & Co
Port of Ghent
Itochu Corporation (TYO: 8001; also NSE, FSE and SSE. NASDAQ: ITOCY)
GF Energy (the Dutch subsidiary of Verdo Energy ALS, Denmark)
Tank Storage Amsterdam
European Development Finance Institutions (EDFI)
- Advised ENGIE and Green Giraffe on the formation of the consortium, as well as on various regulatory and contracting matters relating to the project (including in respect of TSA, EPC and O&M).
- Advising ENGIE on the structuring of and participation in three development projects.
- Advising ENGIE on its bid for the 80 MW wind project Kroningswind (Zeeland).
At CMS, clients appreciate the 'great in depth expertise' and 'high level of integrity'. The practice stands out for its involvement in a large number of pathfinder projects in the energy sector and specific expertise on power purchase agreements. Cecilia van der Weijden, who is a member of the corporate finance practice group, leads the energy regulatory team and has advised on several on- and offshore wind projects and transactions.
Cecilia van der Weijden
‘Hands-on, great in depth expertise and true deal makers. High level of integrity, very efficient and effective in feedback.‘
Den Ouden Groenrecycling
ENECO Solar, Bio & Hydro
Equinor (previously named Statoil ASA)
Gas Union GmbH
Groningen Seaports N.V.
Havenbedrijf Rotterdam (Port of Rotterdam)
Neptune Energy International S.A.
- Advised Vattenfall on the acquisition of the Dutch energy company DELTA Energie, from EQT.
- Advised ENECO Solar, Bio & Hydro B.V., Groningen Seaports N.V., WIRCON GmbH and Cooperative Bronnen van Ons on entering into a joint venture agreement for the joint development and operation of solar PV parks in the Netherlands.
- Advised Hana Alternative Asset Managementon the structuring and contracting of the supply of sustainable heat and electricity as part of the refurbishing of the office building EDGE Amsterdam West to create state-of-the-art, smart and sustainable offices.
Dentons combines its capabilities in corporate, finance, projects, environmental, regulatory and tax to form a powerful energy team. The practice group under the leadership of 'outstanding' Jan Jakob Peelen and David Griston advises companies on upstream oil and gas matters and handles major energy infrastructure projects, financings and public-private partnerships. The team is also active in the renewables sector covering wind, solar and biomass.
Jan Jakob Peelen; David Griston
Other key lawyers:
‘Very pro-active approach by competent team.‘
‘Jan Jakob Peelen is an outstanding lawyer and very pleasant person to work with.‘
Petróleos de Venezuela (PDVSA)
- Advising RWE on several innovative renewable projects.
- Advising Eurus Energy Group on its acquisition of 6 Wind farms from Yard.
- Assisting a Dutch startup renewable energy company to develop its business.
Led jointly by Miriam van Ee and Michel Chatelin, Eversheds Sutherland (Netherlands) B.V. advises on a plethora of technologies such as wind, solar, heating, biomass and clean tech, with the work there involving corporate structuring, M&A work and financing. The team is also routinely instructed on regulatory matters on grid connection, private grids and grid capacity.
Miriam van Ee; Michel Chatelin
Kingspan Group plc.
United Momentum, Clean Electricity Generation
Klimaatgarant, Itho Daalderop
Zoncoalitie/ City of Amsterdam
Co-operative Bronnen Van Ons
- Advising Blue Sphere in several biogas projects in the Netherlands. An important project has been closed May 2019.
- Sales of project rights for a portfolio of solar projects on behalf of Zonel.
- Development by Solar Century of a large solar park in Hijken.
Part of EY Law global's network and in strategic alliance with EY Tax, HVG Law LLP offers clients an integrated multidisciplinary approach, particularly when it comes to energy transactions and cross-border energy projects. Led by Sander Simonetti, the team focuses on the utilities, oil and gas industry sectors, where it advises and litigates corporate, contractual and regulatory aspects of energy law. Jacqueline Feld joined from CMS in August 2019.
‘Sander Simonetti – he delivered on time and on budget and the advice was commercial and user-friendly.‘
‘Excellent knowledge of Dutch regulatory environment with respect to energy. Professionals are available and have a good network within the Dutch energy sector, including members of executive and supervisory boards.‘
WPD Invest GmbH
EEW Energy from Waste
Pondera / Wind and Solar Park
- HVG Law acts as trusted advisor to the Greenchoice in respect of, inter alia, corporate/M&A, regulation.
- HVG Law was selected and appointed as legal advisor to Naftogaz in relation to the envisaged unbundling and restructuring of the national gas company of Ukraine.
- HVG Law acts as trusted adviser to the board of Rendo in respect of substantial fraud committed by Rendo’s former directors and advisers in relation to the divestment of Rendo’s production and supply business and the investment in a sustainable production facility.