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Energy - Regulatory


Our specialists have broad experience and knowledge of European and Dutch competition law and in the area of regulated markets. We give advice on sector-specific regulations for the energy and water sector (such as gas, electricity, heat, mining and renewable energy), competition law and procurement law. We also act on behalf of parties in administrative and civil disputes.

We also advise water boards, drinking water companies and water treatment companies, as well as other government bodies and companies on all aspects of water management. For example, we assist with questions and legal proceedings on dike strengthening, land acquisition and management, the designation of water storage areas, groundwater and flooding damage, drinking water supply and groundwater extraction.

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‘Hands-on, great in depth expertise and true deal makers. High level of integrity, very efficient and effective in feedback.‘

The Legal 500 EMEA, 2020
March 2019
En­ergy Stor­age
560340ht­tps://me­dia.cmsleg­al.com/me­dia/em­bed?unique_key=aa2d1867c0956518566fceb3d3f8d003&width=720&height=405&auto­play=false&auto­light­soff=false&loop=false&clean1al­wayseznode://502218It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted gen­er­a­tion and more pro­act­ive con­sumers, across the world pro­gresses.In the last few years, en­ergy stor­age has come to the fore as a key sec­tor in provid­ing such flex­ib­il­ity. The com­mer­cial­isa­tion and wide scale de­ploy­ment of en­ergy stor­age seeks to take ad­vant­age of the range of rev­en­ue streams avail­able to en­ergy stor­age pro­jects, such as re­serve, sys­tem ser­vices and bal­an­cing. There are a vari­ety of busi­ness mod­els that cre­ate op­por­tun­it­ies for in­vestors, fun­ders, gen­er­at­ors and de­velopers, in­clud­ing co-loc­a­tion and be­hind-the-meter / Stor­age-as-a-Ser­vice (SaaS).Nev­er­the­less, there re­main jur­is­dic­tion-spe­cif­ic chal­lenges to the full-scale rol­lout of en­ergy stor­age, in par­tic­u­lar around the fu­ture pre­dict­ab­il­ity of rev­en­ue streams and the wider reg­u­lat­ory re­gime and the ex­tent of mer­chant risk that in­vestors can ac­cept.The en­ergy stor­age sec­tor will con­tin­ue to evolve with in­creas­ing op­por­tun­it­ies in al­tern­at­ive stor­age tech­no­lo­gies to lith­i­um-ion bat­ter­ies and pumped hy­dro, such as Com­pressed Air En­ergy Stor­age (CAES) and hy­dro­gen.This re­port is one of four sup­ple­ments, ex­pand­ing on the find­ings of our 2018 Con­nec­ted Fu­ture re­port and our 2017 CMS In­fra­struc­ture In­dex. The 2019 In­fra­struc­ture In­dex will be avail­able at the end of 2019.
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April 2020
CMS En­ergy Glob­al Bro­chure
The en­ergy sec­tor is used to change, but has nev­er faced great­er change than it does todayThe biggest me­di­um and long-term is­sue of our time is how to meet our en­ergy needs in a way that sus­tains the fu­ture of the plan­et, while also sus­tain­ing the sec­tor it­self, which is so es­sen­tial to our so­ci­ety.With over 450 law­yers, the CMS En­ergy and Cli­mate Change prac­tice is one of the world’s largest. We provide cru­cial ad­vice to gov­ern­ments and busi­nesses as they en­gage with the chal­lenge of cli­mate change and  shape their re­sponses to it.Since the 1980s we have led the way in design­ing and im­ple­ment­ing mod­ern en­ergy mar­kets around the world. We have also helped to guide the re­new­ables sec­tor at every stage of its de­vel­op­ment, from the earli­est wind farms to sol­ar PV, float­ing off­shore wind, en­ergy stor­age and elec­tric vehicle in­fra­struc­ture. Many of our cli­ents re­quire spe­cial­ist leg­al ad­visers at­tuned to glob­al geo­pol­it­ics, eco­nom­ics and reg­u­la­tion. Our  in­volve­ment goes far bey­ond straight­for­ward power ex­pert­ise, as we help them nav­ig­ate in­creas­ingly in­ter­linked is­sues such as tech­no­lo­gic­al dis­rup­tion, urb­an­isa­tion, so­cial con­cerns and polit­ic­al agen­das. We en­sure that the jig­saw pieces of the over­all en­ergy and cli­mate change puzzle are not looked at in isol­a­tion, wheth­er we are ad­vising on cli­mate change strategy or new tech­no­logy, oil & gas ex­plor­a­tion or en­ergy ef­fi­ciency, pro­ject fin­ance or M&A, en­ergy dis­putes or reg­u­la­tion.Un­like some sec­tors, where ma­tur­ity has brought ex­tens­ive stand­ard­isa­tion and com­mod­it­isa­tion, the en­ergy sec­tor is see­ing an in­crease in new ap­proaches and prac­tices. We work with busi­nesses at every stage of the en­ergy li­fe­cycle, as well as with reg­u­lat­ors and gov­ern­ments, to help them un­der­stand how these new de­vel­op­ments can se­cure not only their com­mer­cial or polit­ic­al aims but also our col­lect­ive fu­ture.


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Com­batting the im­pact of the coronavir­us on the Dutch re­new­able en­ergy...
En­ergy: Over­zicht wet­gev­ing - juni 2019
Neth­er­lands raises solu­tions for cur­rent grid-ca­pa­city short­ages
Top rank­ings CMS in The Leg­al 500 EMEA 2019
Neth­er­lands an­nounces Heat Act 2.0
Tender reg­u­la­tion pub­lished for the up­com­ing Dutch off­shore wind tender
Bill pub­lished for amend­ing the Dutch Off­shore Wind En­ergy Act
Dutch ju­di­ciary com­pre­hens­ively re­jects gov­ern­ment’s cli­mate change ap­peal
Neth­er­lands En­ter­prise Agency runs in­form­at­ive ses­sion on off­shore wind...
Off­shore wind tenders Hol­landse Kust (zuid) I & II and Borssele In­nov­a­tion...
Mar­ket con­sulta­tion on 2017 zero sub­sidy tender cri­ter­ia
Forth­com­ing amend­ments to en­ergy Codes to fa­cil­it­ate plur­al sup­pli­ers and...