Energy and natural resources in Portugal

CMS

CMS is adept at handling the most challenging matters, with a proven track record in assisting domestic and international clients with the implementation of renewable energy projects, cross-border M&A transactions, regulatory issues, as well as litigation proceedings against the government. The department counts some of the leading players in the energy sector among its clients, demonstrating specialist knowledge across natural gas and electricity. Energy expert Mónica Carneiro Pacheco leads the team, which is also well versed in oil and gas matters in Africa. João Marques Mendes left the firm in 2020.

Practice head(s):

Mónica Carneiro Pacheco

Testimonials

A specialised team with a lot of experience in public procurement procedures, in particular in the energy sector. Lawyers are very professional and efficient.

CMS has a unique approach to problems. The team always tries to view things from the clients’ standpoint.

A very reactive and open-minded team that always seeks to find solutions which match clients’ expectations.

Mónica Carneiro Pacheco has deep expertise in the legal energy sector.

Key clients

EDP Energia de Portugal

EDP Gestão da Produção de Energia

EDP Comercialização

REN Redes Energéticas Nacionais, SGPS, SA

Acciona Energia

Endesa

Helexia Development

Galp Energia, SA

Aquila Capital

SDCL – Sustainable Development Capital Limited

Caixa de Crédito Agrícola

Rolear

Simplewatt / MXT Solar

Grastim J.V. SRL

Tagusgás – Empresa de Gás do Vale do Tejo, S.A.

Work highlights

  • Advised Aquila Capital in the acquisition of four photovoltaic projects in Portugal, which involved assisting with the negotiation of the EPC, TCMA and O&M agreements.
  • Advised UBS in the acquisition of a stake of 100% of Energyco II, and its subsidiaries, notably Gascan, having assisted on all regulatory matters, as well as review of licences and commercial agreements concerning Gascan.
  • Continued to assist EDP with all the legal issues arising from the implementation of three hydropower plants, which include regulation, construction and supply contracts, construction issues, expropriations and environmental issues.

Morais Leitão, Galvão Teles, Soares da Silva & Associados

Morais Leitão, Galvão Teles, Soares da Silva & Associados has a strong position in the power and natural gas sectors, and has been involved in the most significant matters which have shaped the energy and natural resources market in Portugal. The firm advises operators and governments on regulatory matters and also has a wealth of experience in renewable energy. The departments' expertise in the latter encompasses energy production projects from wind sources, hydropower, solar, biomass and wave power. Other typical mandates include handling environmental impact assessments and environmental administrative offences. Practice head Tomás Vaz Pinto predominantly undertakes transactional work, while Ricardo Andrade Amaro specialises in corporate and securities law and frequently acts as legal advisor in regulatory matters related to the energy sector. Nuno Galvão Teles is a recognised practitioner in the field. Catarina Brito Ferreira is a name to note for renewable energy matters.

Practice head(s):

Nuno Galvão Teles; Tomás Vaz Pinto

Work highlights

  • Acted as legal advisors to EDP – Energias de Portugal within the context of the tender offer announced by China Three Gorges (Europe), over the shares of EDP and EDP Renováveis.
  • Assisting EDP and Windplus in all legal matters related to the development and construction of an offshore wind project to be implemented in Portugal for the construction of a wind plant using sea floating platforms.
  • Advised Fundação Calouste Gulbenkian on the sale of the entire share capital of Partex Holding, a company held by the client with interest in oil and gas assets in several jurisdictions.

VdA

Leading players in the mining, natural resources, natural gas, wind and solar energy sectors seek VdA's legal support in relation to their operations in Portugal and cross-border projects. The firm has developed a solid global reach, which now encompasses Portuguese-speaking and Lusophone Africa as well as Timor-Leste, and has the ability to advise on all stages of investment, finance, construction, as well as refinancing and restructuring of projects. Head of department Manuel Protásio specialises in project finance, and has particular experience in the energy, mining and water sectors. Vanda Cascão is active in cross-border projects and financing, and Ana Luís de Sousa focuses on the development of energy projects. Leading the oil and gas practice is João Afonso Fialho, while Matthieu Le Roux oversees the OHADA jurisdictions practice.

Practice head(s):

Manuel Protásio

Testimonials

VdA law firm has great experience in the area of natural resources and energy law. The law firm provides quality advice in restricted time frames.

João Afonso Fialho is extremely competent.

Knowledge of the sector, strong commercial awareness and dynamism in finding solutions.

Ana Luí­s de Sousa provides comprehensive advice.

Key clients

EIB

Trust Energy Group (JV Engie and Marubeni)

Chevron

Lusoamoreiras – Sociedade Imobiliária, S.A. |A4F – Algafuel, S.A.

Sakthi Portugal, S.A.

Grow

ALER

KT – KINETICS TECHNOLOGY, SPA – Angola

First State Investemets

New Finerge

Work highlights

  • Advising EIB in the financing of a project comprising the development, construction, implementation, operation and maintenance of a 25MW offshore windfarm in Portugal.
  • Advised Sakthi Portugal on the drafting, negotiation and execution of an 18-year term energy supply agreement with EDP Comercial.
  • Advised Grow and its subsidiary Impressive Yellow, Unipessoal (as sponsors) in the negotiation and structuring of the financing of 40 photovoltaic small-scale generation units.

Abreu Advogados

Abreu Advogados undertakes a variety of work pertaining to the energy sector, covering advice on regulatory matters, environmental concerns and legislative issues. With particular expertise in the energy, environment and water sectors, the team is well equipped to assist with renewable energy projects, as well as cross-border mining and oil and gas projects involving jurisdictions such as Angola, Mozambique, Cape Verde and East Timor. Public law, energy and environmental law expert José Eduardo Martins leads the department alongside Manuel de Andrade Neves, whose areas of expertise include environmental planning.

Practice head(s):

José Eduardo Martins; Manuel de Andrade Neves

Testimonials

José Eduardo Martins is an excellent lawyer.

Key clients

Iberdrola Generación S.A.U

REN-Trading

CC Energy Ltd.

MUSAMI – Azores

NCONDEZI ENERGY

SBC Renewables

Work highlights

  • Assisting Iberdrola Generación in all ongoing matters related to the construction and licencing of a project concerning four dams in Tâmega.
  • Assisting REN-Trading in the revision and adaptation of power purchase agreements concluded with Tejo Energia for a thermal power plant and with Turbogás for a thermal power plant.
  • Advising CC Energy, a UAE company, in the development and implementation of a gas-fired power plant located in the equatorial region of Cameroon.

Cuatrecasas

In addition to advising on regulatory and project finance matters, Cuatrecasas also combines expertise in public law and transactional work, demonstrating particular strength in assisting with the setting up of companies in the sector. The broad service offering covers renewable energy projects, nuclear power plants, turn-key/supply and O&M agreements as well as distribution matters. The team offers representation to clients in contentious matters. Co-head José Diogo Horta Osório predominantly advises on M&A in the energy sector. The oil, gas and mining group in Portugal and Angola is overseen by André Duarte Figueira.

Practice head(s):

José Diogo Horta Osório; Luís Soares De Sousa; Duarte Abecasis; André Duarte Figueira

Testimonials

The team is client-focused, professional and committed.

Lawyers always try to protect clients’ interests.

High degree of professionalism, very ethical and committed to delivering high-quality service. The team is very committed and great at sticking to deadlines.

Key clients

E.I.P. – Electricidade Industrial Portuguesa

VEOLIA

REDEN SOLAR

SOMOIL – Sociedade Petrolífera Angolana

SONANGALP

OZ Energia

PORTFUEL – Petróleos e Gás de Portugal, Lda.

STRONGEAGLE Mozambique Fund

THIRDWAY Africa Capital Limited

GALP  Energia

Work highlights

  • Advising Artá Group (as majority shareholder) on the negotiation of the sale of 100% of the share capital of Energyco II to UBS Asset Management Funds, carried out by means of a ‘clean exit’ operation.
  • Advised Gascan on the acquisition of 100% of the share capital of Ren Portgás GPL, a company active in the retail supply of liquefied petroleum gas and propane, and on the development and operation of liquefied petroleum gas infrastructures.
  • Assisted Sonangalp with contractual matters concerning petroleum product distribution in Angola.

Linklaters

With a proven track record in complex renewable energy and green projects, Linklaters brings together a multi-disciplinary team which is adept at advising on domestic and cross-border deals in connection with power generation, biomass and biofuel, oil and gas, as well as mining and environmental issues. The team has been particularly active performing large-scale due diligence on operating portfolio projects as well as early stage developments. Francisco Ferraz de Carvalho, who is experienced in project finance, leads the practice. Vera Eiró is noted for her expertise in environmental, energy and planning law.

Practice head(s):

Francisco Ferraz de Carvalho

Key clients

Mozambique Rovuma Venture SpA

MIROVA

Neoen S.A.S.

China Three Gorges (Europe) S.A.

Glennmont Partners

Hanwha Energy

Solar Balance

Eurowatt Group / Hidroeléctrica do Casal, S.A.

EFG Hermes

First State Investments Fund Management Sarl

Work highlights

  • Advised China Three Gorges (Europe) on the takeover offers launched over EDP – Energias de Portugal and EDP Renováveis.
  • Assisted Mirova Core Infrastructure Fund SCS SICAV-SIF (the first brownfield infrastructure fund of Mirova) in the context of the acquisition, through a wholly-owned subsidiary, of 90% of Hyperion Energy Elvas.
  • Assisted OYAK with the acquisition of 100% of the share capital and voting rights of Cimpor Portugal, SGPS and its subsidiaries from InterCement, which involved legal advice on complex environmental licensing issues.

Miranda & Associados

With a traditional focus on matters related to Africa, the energy and natural resources practice at Miranda & Associados has significantly increased its presence in the Portuguese market. João Rosado Correia is noted for his expertise in the energy sector, showcasing a proven track record advising private companies and public entities on regulatory matters pertaining to the electricity and natural gas sectors. Other recurrent mandates include administrative procedures and litigation.

Practice head(s):

Catarina Távora; Diogo Xavier da Cunha; João Rosado Correia

Testimonials

João Rosado Correia stands out for his excellent knowledge, experience and quality of services provided in this area of ​​law.

João Rosado Correia’s deep knowledge of the sector is remarkable. His insights are added value to any project he is involved in. João’s availability is also impressive; he is very empathetic and always ready to help.

Key clients

Total

Iberwind

REN Group

GALP Energia Group

Repsol Group

Finerge

Petróleos de Portugal – Petrogal, S.A. (Galp Energia Group)

CLC – Companhia Logística de Combustíveis, S.A.

Work highlights

  • Representing Petróleos de Portugal – Petrogal in litigation against the Portuguese Government concerning the definition of the strike period of the Galp refineries.
  • Legal assistance to CLC- Companhia Logística de Combustíveis on a judicial proceeding against the declaration of public interest of oil facilities exploited by CLC.
  • Legal counsel to the Lisbon Municipality in the renegotiation of municipal concessions regarding the distribution of electricity for the public illumination and domestic system.

PLMJ

The energy and natural resources team at PLMJ advises on M&A and regulatory and corporate law matters involved in companies' day-to-day operations. Notable areas of expertise include mining and minerals, fossil fuels and renewable energy. The team is adept at advising on offshore and onshore projects and energy infrastructure projects in upstream and downstream activities. Inês Pinto da Costa heads the practice and is proficient in the areas of energy, PPPs and private projects in Portugal and Portuguese-speaking African countries. João Marques Mendes was a new arrival in 2020.

Practice head(s):

Inês Pinto da Costa

Testimonials

The PLMJ energy team is very knowledgeable and thorough in their approach. The team will always go the extra mile, contacting the relevant authorities and attending meetings with key organisations, to assist us.

Inês Pinto da Costa deserves a special mention. She is extremely committed and provides efficient and prompt assistance to clients.

Key clients

Merrill Lynch International (MLI)

Energi Innovation

Total Solar

ElecGas

ENI Portugal B.V. / Eni Angola S.p.A

Ascendant Resources Inc.

Iberdrola

Finerge

Partex Oil & Gas Group

Chint Solar Group

Alrosa Group

WeLink Group

Work highlights

  • Assisted Enerparc Projects with the legal, tax and regulatory framework of the development of solar photovoltaic projects in Portugal, under the tender process launched in June 2019.
  • Advised Total Solar in the acquisition of Power&Sol, an SPV which held rights to certain solar projects in Portugal, from Generg.
  • Acted for Irish WElink Energy in the sale of the merchant Ourika solar power plant, with 46MW installed capacity, to Allianz Renewable Energy Partners through a share deal.

SRS Advogados

SRS Advogados brings together a team of specialised lawyers from different departments within the firm, who are able to offer multi-disciplinary advice across corporate, finance, competition, litigation and regulatory matters related to energy and natural resources. The team stands out for its comprehensive knowledge of the oil and gas sector, but also excels in matters pertaining to renewable energy, electricity and natural gas. Competition law expert Gonçalo Anastácio leads the practice group.

Practice head(s):

Pedro Rebelo de Sousa; Gonçalo Anastácio

Testimonials

The team at SRS is uniquely placed to assist with a wide range of interrelated legal issues. Lawyers’ experience and know-how in the energy sector in Portugal is very strong.

SRS provided us with valuable information and helped us better understand the energy sector in the country.

Gonçalo Anastácio’s knowledge and understanding of the Portuguese energy market is exceptional. He is always available, and never turns down a challenge, no matter how complex the matter seems.

The team handles matters in a very professional, timely and reserved manner, offering a personalised service based on client’s needs.

Key clients

Acumen

Air Liquide

Alfamicro

BluOtter

China Datang Corporation

CPI Energy

EGEO – Tecnologia E Ambiente

GALP Energia

Glarevision

Iberdrola

Iberian Solar

KIC InnoEnergy

Petroibérica

PVComplete

Repsol

Sonangol Group

Vinci Energies Group

Watt-IS

Work highlights

  • Assisted Acumen (a non-profit global impact investment fund) in all legal matters – from due diligence to preparation of contracts – regarding the acquisition of a Portuguese start-up using renewable technology to accelerate rural development and empower businesses in rural Africa.
  • Assisted the China Datang Corporation concerning the acquisition of a leading Portuguese renewable energy company Nova Energia and compliance with EU Directives on Energy/Gas Unbundling.
  • Acting for EGEO-Tecnologia E Ambiente in a dispute related to the construction of a refinery with the purpose of regenerating used industrial oils.

Uría Menéndez – Proença Carvalho

The energy and natural resources team at Uría Menéndez – Proença Carvalho receives instructions from banks and upstream, midstream and downstream operators within the private sector, which seek advice on acquisitions, financing agreements, regulatory matters as well as litigation and arbitration. Practice co-head Bernardo Diniz de Ayala is noted for his combined knowledge of public law and projects, notably in the field of energy and gas distribution. João Louro e Costa is another name to note.

Practice head(s):

Bernardo Diniz de Ayala; Antonio Villacampa

Testimonials

Outstanding team specialised in the energy sector. The level of commitment, accuracy in analysis and promptness when providing legal advice is above average.

João Louro e Costa is an excellent lawyer. He has demonstrated a thorough knowledge of various domains of Portuguese law, proving to be a key asset during negotiations with counterparties and on the development of legal opinions.

Key clients

REN, Gás, S.A.

AXPO Iberia S.L.

BlackRock Investment Management (UK) Ltd.

Aquila Capital Real Assets Investment Verwaltungsgesellschaft mbH

Marubeni Corporation

Goldenergy – Comercializadora de Energia, S.A.

Work highlights

  • Advised Axpo Iberia and Axpo International on their acquisition of 75% of the share capital of Goldenergy (Portugal’s third-largest natural-gas distributor) from Dourogás SGPS.
  • Assisted Aquila Capital in the acquisition of a portfolio of 21 small-scale hydropower plants located in northern and central Portugal with a total approximate capacity of 100MW from EDP.
  • Advised BlackRock on the acquisition from Exus Management Partners of the entire share capital of a Portuguese SPV, which is developing and building a solar photovoltaic power plant.

Caiado Guerreiro

The infrastructure, energy and natural resources team at Caiado Guerreiro provides legal advice in relation to due diligence, agreements, negotiations with public authorities, as well as corporate and financing transactions. The team's experience covers a wide range of sectors, including mining, metals, oil and gas, power and renewable energy. Leading the department is Jorge Ribeiro Mendonça, who is experienced in regulatory matters pertaining to energy issues.

Practice head(s):

Jorge Ribeiro Mendonça

Key clients

Ponticelli Freres Group

Infragreen Fund / Rgreen Invest

Dynavolt Renewables Energy Europe S.L.

Piedade Group

Ledvance

Windward Investimentos, Lda.

Technoedif Engenharia, S.A.

CPF – Companhia de Ferros de Portugal, S.A.

Globescala

Work highlights

  • Advised the French group Ponticelli Frères Group on the acquisition of TCPI (Tecnoprojecto Internacional), which specialises in the engineering, construction and maintenance of electricity, instrumentation and automatism systems on industrial facilities in several countries.
  • Advised Dynavolt in the negotiation and closing of the contracts for the acquisition, development and delivery of power regarding a PV plant in Évora, which is the first non-feed-in-tariff project developed and in place in Europe.
  • Assisted the Portuguese engineering company Technoedif in the negotiation and preparation of joint venture agreements with Petron.

Campos Ferreira, Sá Carneiro & Associados

Notable areas of practice for the energy and natural resources team at Campos Ferreira, Sá Carneiro & Associados include project finance and M&A transactions, predominantly in relation to renewable energy projects; the firm is regularly involved in wind farm, photovoltaic solar power and biomass deals. The team also advises on regulatory issues pertaining to the renewable sector.

DLA Piper ABBC

DLA Piper ABBC provides legal support to clients in a range of energy and natural resources matters. Practice co-head Nuno Azevedo Neves has extensive experience in sector-related transactional work, notably high-profile financing deals. The department was recently strengthened by the arrival of Mafalda Ferreira from Uría Menéndez – Proença Carvalho; she is now co-leading the practice. Ferreira brings to the team a wealth of experience in energy law, project finance and regulatory matters.

Practice head(s):

Nuno Azevedo Neves; Mafalda Ferreira

Key clients

European Energy Efficiency Fund

EDP Renováveis

Ventinvest

Trustwind

Hidroerg

Ehatb

Finerge

Enovos

Atberg

Centeol

Work highlights

  • Advised EDP Renováveis on all legal matters related to the public tender offer announced by China Three Gorges on EDP – Energias de Portugal and EDP Renováveis.
  • Acting for the European Energy Efficiency Fund in relation to a pipeline of project finance deals for energy efficiency projects in Portugal.
  • Advising Trustwind on regulatory matters pertaining to the Portuguese energy sector and the client’s tax obligations in Portugal.

Gómez-Acebo & Pombo

Gómez-Acebo & Pombo is predominantly focused on advising international and domestic companies in relation to regulatory and transactional matters, namely in the field of electricity and natural gas supply. The department handles M&A and finance matters, encompassing acquisitions, as well as development, structuring and financing of projects. Luísa Carrilho da Graça leads the energy practice.

Practice head(s):

Luísa Carrilho da Graça

Testimonials

The GAP energy team is not only technically excellent, it also demonstrates a deep knowledge of the energy sector.

Lawyers have a wide-ranging knowledge of the market and very good relationships with some of the main players. Moreover, they are very flexible, available and often introduce innovative solutions to legal issues.

Good communication and availability; the team is commercially driven when required.

Key clients

Factor Energía

Cubico Spain

Cubico Sustainable Investments

Endesa

Foresight Group

Plenium Partners

Work highlights

  • Advised Factor Energía, a Spain-based supplier of electricity to companies, on the acquisition of a majority stake in Portugal-based Enforcesco, which is engaged in marketing electricity under the YLCE brand (Yes Low Cost Energy).
  • Advising Cubico on the acquisition of three operational, fixed-tilt, ground-mounted solar PV projects with a guaranteed feed-in tariff located in the Algarve, Portugal, from CEF Energia Ibérica.
  • Advising Cubico Spain on the project finance arranged by Deka Girozentrale relating to the refinancing of a recently acquired subsidiary.

Raposo Bernardo

Raposo Bernardo's energy and natural resources team is retained by clients operating in the construction, industrial engineering, mining and metals, energy and financial services sectors, among others. The department is equipped to advise on restructuring matters related to energy projects, transactional work as well as licencing issues, notably in the renewable energy field. Nelson Raposo Bernardo, whose expertise includes M&A and project finance, oversees the practice alongside Joana Andrade Correia.

Practice head(s):

Nelson Raposo Bernardo; Joana Andrade Correia

Testimonials

Raposo Bernardo fields a team of dedicated lawyers who always display the same enthusiasm and fantastic attitude in each deal. Lawyers are knowledgeable of the energy sector and national and European legislation.

The team is very responsive, proactive and prepared to support any project globally. Lawyers are ethical, well respected and know the ins and outs of the renewable energy and project sector.

Nelson Raposo Bernardo has great leadership capability and is one of the attorneys who best knows energy regulation. He is permanently focused on solving problems and presenting solutions. He is also a very modern and innovative lawyer with superior intelligence and fantastic reasoning, with a great work ability.

Joana Andrade Correia also deserves a word of praise for her ability to manage an energy project, whatever its size.

Filomena Gonçalves and Carolina Silva are efficient and available.

Work highlights

  • Advised a client on the acquisition, financing, construction, regulation and commissioning of a wind farm renewable project.
  • Assisted a client with the operation of a ground-mounted photovoltaic plant; work covered advice on unconditional permits, authorisations and building rights.
  • Advising a client on renewable energy projects in the areas of Solar PV and Solar thermal, focusing on micro-generation in Iberia.

Sérvulo & Associados

Sérvulo & Associados advises clients in the energy sector on a broad range of legal issues, blending expertise in the field of public and regulatory law. Core areas of strength include transactional work, public procurement, regulatory matters and litigation. The team has recently strengthened its international service offering, having assisted on matters involving other jurisdictions, such as Angola and Mozambique. Mark Kirkby has assisted clients in relation to photovoltaic solar energy projects and in the drafting of legislation. Cross-border matters are an area of activity for Rui Medeiros, who has a wealth of experience in regulated sectors.

Practice head(s):

Mark Kirkby; Ana Luísa Guimarães; Rui Medeiros; Sofia Carreiro

Testimonials

The team demonstrated knowledge of the complex legal issues posed. The creative ability evidenced in the development of a pioneering project in the world (which was very successful), and the permanent availability make this team stand out in the market.

The work was always done under the careful coordination of Mark Kirkby, who demonstrated deep legal knowledge and intelligence in finding solutions that met the client’s goals.

Key clients

Portuguese Ministry of the Environment and Energy Transition

EDP Comercial

ENERCON GmbH

Petróleos de Portugal – Petrogal, S.A.

Boreal Investments, Ltd.

Galp Gás Natural Distribuição

Work highlights

  • Providing legal advice to the Portuguese Ministry of the Environment and Energy Transition in the preparation and launching of the tender procedures for 1.4GW of solar generation capacity, Portugal’s first solar auction.
  • Advising EDP Comercial regarding the development of its business opportunities within the context of electric mobility, either connected to Mobi.e Grid or to B2C opportunities, particularly in installing charging points in existing buildings, or to transport public service operators.
  • Represented Petróleos de Portugal – Petrogal in proceedings against environmental associations over oil exploration in the Atlantic Ocean.

TELLES

TELLES is well versed in project finance as well as M&A in the energy sector. The team regularly advises on contractual matters, and demonstrates extensive experience in municipality energy efficiency contracts. It also stands out for its expertise in climate change issues, particularly carbon projects. Ivone Rocha is a key contact.