Public Law
This is the field of law governing relations between the state and citizens, or between the state's own institutions. Its separa…
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Regulated Markets
Energy Law
Electricity, natural gas, petroleum and renewable energy investments operate in a heavily regulated field — from obtaining a licence to commissioning a generation facility, from bilateral agreements to administrative sanctions. Our office stands beside the investor at every link in that chain.
As in all regulated markets, the entire process of producing and obtaining energy and natural resources and delivering them to consumers and users is governed by rules laid down and supervised by public regulatory authorities.
Doing business in a regulated market
The energy sector is one of the rare fields in which free-market logic and public supervision are intertwined. Generation, transmission, distribution and supply activities are each subject to separate licences, separate obligations and separate sanction regimes. For an investor the real risk is often not commercial but the inability to maintain continuous compliance with administrative legislation.
Our office follows energy investments not only at the point of establishment but throughout their operating life. Licence amendments, increases in installed capacity, the consents required on share transfers and reporting obligations are all matters which, if not fulfilled in time, may result in administrative fines and even revocation of the licence.
Defence against administrative supervision and sanctions
It is vital that applications against administrative acts of the regulatory authority are made within time. In administrative fines, licence revocation proceedings and disputes concerning market operation rules, we conduct the entire process — from the administrative objection stage to annulment proceedings, and from applications for a stay of execution to appeal and cassation stages.
In files of this kind the technical data and the legal argument must be constructed together. For that reason we work jointly with our academic advisors in engineering and energy economics.
What we handle in this area
- Generation, supply and distribution licence applications and licence amendment procedures
- Renewable energy (wind, solar, hydroelectric, biomass) project development and permit procedures
- Advice on renewable energy support mechanisms
- Bilateral agreements, electricity sales contracts and supply contracts
- Legal due diligence and share transfers in energy investments
- Annulment proceedings against administrative fines and licence revocation decisions
- Expropriation, easement rights and land acquisition procedures
- Grid connection agreements and system usage disputes
Frequently asked questions
Facilities that remain below certain installed capacity thresholds and are essentially intended to meet their own consumption may be exempted from the obligation to obtain a licence and to incorporate a company. However, exemption does not mean that the chain of application, connection agreement and provisional acceptance can be dispensed with. Because the thresholds and conditions are updated by legislative amendments, the current framework should be confirmed before an investment decision is taken.
The periods for challenging administrative sanction decisions are short and begin to run upon service of the decision. Missing the deadline will cause you to lose a file even where you are right on the merits. We recommend that you contact our office on the day you receive the notice.
Please note. The content on this page is for general information purposes and does not constitute legal advice. Deadlines and procedural rules may vary according to the particulars of the file. For an assessment of your specific situation, please contact our office.
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