Energy & Infrastructure

Approximately half of all energy consumed in the EU is used for heating and cooling. The majority of the heat is generated by end users burning natural gas on site, which is considered unsustainable. EU countries must therefore achieve a major heating transition, as all this heat should be produced carbon free by 2050. This will require billions of investments into collective heating solutions, such as aquifer thermal energy storage systems, district heating grids and provincial wide heat transmission networks in the coming two decades.

In view of these challenges, legislators wish to facilitate and accelerate the heating transition. In the Netherlands, for example, a bill for a Collective heat act has been prepared and should be adopted in the coming years. This bill envisages a rigorous overhaul of the heating sector by creating a comprehensive regulated heating sector, including regulated market access and actors, tariff regulation and greenhouse gas reduction targets, all under the supervision of the energy regulator and municipalities.

In Belgium, legal frameworks for heating were developed in recent years, with regional variations. These frameworks all seek to promote and support the use of renewable energy sources. The Flemish heating policy and legal framework are the most developed and are integrated within the wider energy legal framework and regulatory bodies. In Wallonia and Brussels, special acts and executing decrees have defined the different actors’ roles and their obligations.

We are on top of such regulatory changes at EU level and in our home markets, combining in-depth sector knowledge with a thorough understanding of legislative developments.

We advise heating companies, investors, real estate developers and heat offtakers on all heat related matters: from heat supply agreements and tariff regulation to the development of greenfield district heating projects or investments into brownfield heating projects.

Renewable and decarbonised hydrogen – being produced through either electrolysis using renewable power or the recapture of CO2 – will play a vital role in the future energy market. Specifically, hydrogen produced through electrolysis using renewable power (so called green hydrogen) can serve as a medium of storage of other renewably produced electricity when such electricity is produced in excess of demand.

Incentivised by national and European Union legislators, the hydrogen market is rapidly developing as both established energy companies as well as new market players have started developing hydrogen projects. On the transportation side, studies are being made on the (re)use of existing gas infrastructure and connectivity of end users. Examples of regulatory hurdles in these projects are the uncertainty regarding envisaged hydrogen legislation and potential incentive schemes to support the bankability of larger hydrogen projects considering the novelty of large, commercial hydrogen projects.

We advise our clients on the legal and tax challenges they face when launching hydrogen projects, all with a thorough understanding of the requirements for the commercial viability of such projects.

We are also the legal professionals assisting the TKI North Sea Energy Innovation Programme on system integration on the North Sea.

One of the major challenges for the energy transition is the available capacity of the electricity grids. Decentralised renewable production, large scale electrification (EV, housing and industry) and power demand by data centres, demand grid capacity for which the existing grid was never designed or laid out. This leads to grid congestion in large parts of the system. And as the expanding of a grid component may easily take seven years or more, market parties are looking for alternatives to still be able to realise their projects. We advise our clients on alternative connection solutions, such as cable pooling, private networks, direct lines, on-site consumption and (electrical or chemical) storage, as the case may require, always keeping an eye on the ‘bankability’ of the project. We take care of the necessary contracting and regulatory consents and permits, and advise on legal and tax structuring of the project.

Our team is recognized as one of the most dedicated and most active energy teams in the BeNeLux and as such we have in-depth knowledge of the energy transition. We are the go-to firm for innovative solutions to integrate oil & gas infrastructure with renewable initiatives such as wind power balancing through storage.

We are specialists in energy infrastructure, assisting in respect of electricity and gas networks as well as trade in and storage and supply of gas and electricity.

The solar sector is close to our heart and we are proud to be one of the legal pioneers in Europe. Loyens & Loeff has been active in the solar sector since the 2009, with Belgium being one of the first European markets to professionalise and develop large scale projects both in rooftop & largescale ground mounted projects. In 2016 Loyens & Loeff was again at the start of energy transition movement in the Netherlands, where the main European and Dutch players sought our knowhow and expertise and we continue to advise them until present. Luxembourg fund & Swiss renewable market developments are followed closely and clients appreciate the holistic view of our team.

In both Belgium and the Netherlands, Loyens & Loeff was one of the law firms which developed the market models and close the first non-recourse project finance projects on this basis. We are also proud to advise on most major portfolio’s in the market. We now advise actively on new developments as cable pooling, battery storage, grid congestion and new market models in the real estate sector.

Our assistance is full-service and includes both transactional assistance in M&A, project finance, power purchase agreements, EPC and O&M contracting. Our regulatory experts are thought leaders in their field and can provide you with regulatory, tax and litigation advice and assist in litigation procedures on all levels.

With the Port of Rotterdam right around the corner of our Rotterdam office, we are well aware of the opportunities that the port and logistics sector has to offer, as well as the challenges that terminal and warehouse operators might face in their day to day business. Due to our longstanding local presence, familiarity with the local authorities and in-house specialists for every relevant aspect of the port and terminal business, we can be of importance to terminal operators, shipping companies and (foreign) investor.

Over the years, we have built a solid track record in advising both domestic and international investors and strategic partners in M&A transactions in the Dutch terminal market in general and the Port of Rotterdam specifically.

Loyens & Loeff is the second largest European firm with a continuing Tier 1 track record in Energy throughout the Benelux. The Benelux played a pioneering role in the offshore wind industry since 2009 and our team was engaged as from the very first pilot project.

You can bank on more than a decade of offshore wind experience, including deep knowledge of the industry, new techniques and financial framework.  As a one-stop shop we can handle all aspects of your offshore wind transaction, from legal and tax structuring, due diligence, transaction documentation, up to completion and beyond.

The use of public-private partnerships (PPPs) still presents many advantages when developing infrastructure projects. We advise on complex, large scale infrastructure projects, including road and rail infrastructure projects. We also intervene on projects for social infrastructure, such as prisons, schools and social housing projects.

We advise developers, contractors, banks and authorities alike. Our expertise covers all aspects of these projects, including procurement, regulation, contracting, financing and dispute settlement.

Regulation on treatment of waste and wastewater has expanded at rapid pace over the past years. At the same time, concepts such as the circular economy and the waste-to-energy drive requirements for new and state-of-the art infrastructure.

Our lawyers know the legal ins and outs of these sectors. Our experience covers all aspects including regulation, financing, project construction and development.