Associated European Energy Consultants

“Delivering European Energy Solutions”

Associated European Energy Consultants

“Delivering European Energy Solutions”

AEEC MEMBER DETAILS

Member Infomations

France

Paris

BMH Avocats

29, Rue du Faubourg Saint-Honoré
75008 Paris
+ 33 (0) 1 42 66 63 19
+ 33 (0) 1 42 66 64 81
bmh@bmhavocats.com
http://www.bmhavocats.com
Contact person for AEEC matters:

Anouk Darcet-Felgen

adarcet@bmhavocats.com
Vita

Career

Since 2001: Partner with BMH AVOCATS, 29 rue du Faubourg Saint Honoré, 75008 Paris
1995 – 2000 : Associate with BMH AVOCATS, 29 rue du Faubourg Saint Honoré, 75008 Paris

Field of activities, specialisation

Energy law: Head of energy law department
Renewable energies (wind, solar, tidal, biomass, biofuels), electricity and gas, energy efficiency

Counsel of French, foreign and multinational companies and private and public actors on the energy market:

Analysis, review, negotiation and drafting of:

Turnkey contracts (EPC contracts),
Operation and maintenance contracts (O&M contracts),
Co-contracting and subcontracting agreements,
Project development agreements, joint-venture (e.g. temporary company grouping, “Groupement momentané d’entreprises”),
Supply agreements for turbines, equipment and combustible material used in energy supply installations,
Long-term lease agreements (bail emphytéotique, bail à construction), long-term lease agreement promises,
Share purchase contracts and related agreements (including letters of intent, non-disclosure agreements),
Facility, financing and loan agreements,
Collateral securities and warranties,
Power procurement contracts (electricity and gas).

Due diligence for acquisition or equity investment in renewable energy projects or operated energy supply installations from renewable energy

Creation of Special Purpose Vehicles (SPV)

• Analysis and counselling on all regulatory aspects linked to energy law

Litigation practice: legal representation before all courts of the French judiciary system (including Administrative Courts and regulators)

Regular contacts and work in common with the French Ministry of Environment, the French Development Agency (Agence française de Développement), French Energy Regulatory Board on various issues regarding energy (e.g. gas and electricity trading activity in France, implementation of solar and biomass projects, drafts of bills in the energy sector)

Major assignements

In 2009

• Due diligence for a German group among the most important gas and electricity producers in Europe for the purchase of an SPV for the development of wind farms in the south eastern region of Paris (global installed power capacity of 129 MW)

• Due diligence for one of the most important electricity producers in the United Kingdom and a subsidiary of a leading French energy operator for the purchase of SPVs for the development of wind farms in the eastern region of France (global installed power capacity of 36 MW)

• Due diligence for a Luxemburg group among the leading European electricity and gas suppliers for the purchase of a ground-mounted solar farm in the southwest of France (installed power capacity: 6 MWp), including regulatory and energy documents, permits and authorisations (including building permits and lease agreements), drafting of EPC and O&M contracts, drafting of lease agreement promises and lease agreements

• Due diligence for a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms for the purchase of SPVs for the development of solar farms on the “Les Mées” site (contemplated installed power capacity: 17 MWp), including corporate documentation, regulatory and energy documents, permits and authorisations (including building permits and lease agreements), environmental studies

• Due diligence for equity investment in the project of a hydropower farm near the Channel Islands for one of the most important electricity producers in the United Kingdom and a subsidiary of a leading French energy operator

• Assistance of a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms for the erection of some of the biggest solar farms on the French territory on the “Les Mées” site (southeast France, two solar farms with a global installed power capacity of 23.6 MWp): drafting, review and negotiation of supply agreements, EPC and O&M-contracts, subcontracts, warranty agreements

• Drafting and negotiation of EPC and O&M contracts for a ground-mounted solar farm (centre France, one solar farm with installed power capacity of 4.1 MWp) for a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms

In 2010

• Due diligence for one of the most important electricity producers in the United Kingdom and a subsidiary of a leading French energy operator for the purchase of an SPV with a portfolio of wind farm projects in various parts of France (planned global installed power capacity: approx. 95 MW)

• Due diligence for a UK-based investment fund specialized in energy infrastructure and real estate for an investment purpose in a biomass plant producing electricity and hot water in southwest of France (global installed power capacity: 12 MW)

• Negotiation and review of EPC and O&M contracts for the erection of a ground-mounted solar farm in southwest of France (installed power capacity: 4.3 MWp) for a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms

• Assistance of a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms for the development and construction of a ground-mounted solar farm in the suburban area of Paris including the creation of the SPV (installed power capacity: 12 MWp)

• Regular counsel of a French subsidiary of an expanding Danish/Norwegian group for the development and acquisition of wind farm projects

• Counsel of various companies for project developing and financing of solar farms in France, including negotiation of bank guarantees and financing agreements for a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms

• Assistance of a Luxemburg group among the leading European electricity and gas suppliers regarding the performance of a due diligence for the purchase of SPVs in the wind energy sector in France

• Drafting of lease agreement and lease agreement promise designed specifically for BIPV on vast storehouses for a German developer of roof-mounted solar farms

• Drafting of electricity and gas supply agreements for a Luxemburg group among the leading European electricity and gas suppliers

• Counsel of new entrants on the French electricity market especially following the entry into force of the Law for a “new organization of the electricity market” (“Loi sur la nouvlle organisation du marché de l’électricité”, NOME)

• Counsel of an electricity trading company regarding the use of the French-British interconnector

• Counsel of a Luxemburg group among the leading European electricity and gas suppliers to prepare for the tendering process regarding the renewal of concessions for hydroelectric power plants

In 2011

• Due diligence concerning three wind farm projects (installed power capacity: 50, 22 and 8 MW) and regular counsel of a French subsidiary of an expanding Danish/Norwegian group in order to develop and sell these projects

• Due diligence concerning a wind farm project (installed power capacity: 20 MW) for a French subsidiary of an expanding Danish/Norwegian group in order to develop and sell these projects

• Due diligence and counsel of a Luxemburg group among the leading European electricity and gas suppliers regarding the purchase of a wind farm project in eastern France (installed power capacity: 10 MW)

• Creation of SPVs for a French subsidiary of an expanding Danish/Norwegian group with a purpose of developing wind farm projects and selling them to third party investors

• Co-leader of a consortium grouping European and Moroccan law firms, a German consultancy firm for economic studies and a Luxemburg electricity network operator with the purpose of drafting a feasibility study for a pilot project of electricity import from power plants using renewable energies located in Morocco within the framework of Article 9 of the EU Directive Nr. 2009/28/CE of April 23rd 2009 on the promotion of the use of energy from renewable sources

• Counsel of a UK-based investment fund specialized in energy infrastructure and real estate for the drafting of the facility agreement, the pledges, the turnkey, maintenance, lease and supply agreements for a biomass plant producing electricity and hot water in Southwest of France (global installed power capacity: 12 MW)

• Counsel of a Luxemburg group among the leading European electricity and gas suppliers for the negotiation of a partnership agreement in relation to the issuance of energy efficiency certificates

• Counsel of a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms with the purpose of further developing and building a ground-mounted power plant in the Paris area (installed power capacity: 12 MWp)

• Counsel of a major developer of wind and solar farm projects for the recast of model contracts and the acquisition of a roof-mounted solar farm

• Recourse brought by a French subsidiary of an expanding Danish/Norwegian group before an Administrative Court in order to challenge the decisions of the administration to refuse the construction of wind farm projects (installed power capacity: 22 MW)

• Counsel of a Swiss electricity supplier with the purpose of reviewing the standard EFET-contract

• Counsel of a producer of electricity from renewable energy regarding statutory law and regulation about the increase in the power capacity of a hydraulic plant

In 2012

• Due diligence concerning the acquisition of a wind farm project for a French subsidiary of an expanding Danish/Norwegian group (installed power capacity: 20 MW)

• Due diligence and counsel of a Luxemburg group among the leading European electricity and gas suppliers regarding the purchase of a wind farm project (installed power capacity: 12 MW)

• Counsel of a French subsidiary of an expanding Danish/Norwegian group for the sale of a wind farm to a foreign investor (installed power capacity: 22 MW)

• Counsel of a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms for the update of a template of an O&M contract

• Assistance of a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms regarding the tendering process for the erection of ground-mounted solar farms with an installed power capacity of above 250 kWp, including project financing

• Counsel of a Luxembourg group among the leading European electricity and gas suppliers with the purpose of a study of the modifications of French Energy Law between September 2011 and December 2012

• Counsel of a Luxembourg group among the leading European electricity and gas suppliers for all questions on French Energy Law

• Counsel of several electricity trading companies in a litigation against the market managing company

• Counsel of the French subsidiary of a German group manufacturing photovoltaic modules and constructing solar farms within the framework of bankruptcy proceedings opened against it

• Counsel of the French subsidiary of a German group manufacturing photovoltaic modules and constructing solar farms in a dispute against the owner of a ground-mounted solar farm

• Assistance of a financing company for the construction of wind farms regarding the drafting of an EPC contract

• Counsel of one of the world’s biggest producers of plastic materials, chemical products and refined oil products in a litigation against the operator of a gas transport network

• Counsel of a French subsidiary of an expanding Danish/Norwegian group regarding the drafting of templates of a co-development agreement and of an agreement for the prospecting of lands that may be contemplated for the construction of wind farms

• Counsel of a German group among the world’s leading producers of photovoltaic modules and builders of ground-mounted and roof-mounted solar farms in a litigation for unfair competition brought against it

• Additional mission for the French Development Agency regarding a feasibility study for a pilot project of electricity import from power plants using renewable energies located in Morocco within the framework of Article 9 of the EU Directive Nr. 2009/28/CE of April 23rd 2009 on the promotion of the use of energy from renewable sources

• Counsel of companies operating two wind farms in pre-litigation phase against the constructors of both wind farms

• Counsel of a public authority regarding a study of the legal grounds that may be contemplated to put a hold on the prorogation of the operation of nuclear power plants

• Counsel of a French subsidiary of an expanding Danish/Norwegian group for the drafting of templates of co-development agreement and prospecting of areas in which wind farms could be built

• Counsel of a French subsidiary of an expanding Danish/Norwegian group regarding the prorogation of the duration of a building permit and the construction of a wind farm (installed power capacity: 9 MW)

• Counsel of a French subsidiary of an expanding Danish/Norwegian group for the drafting of long term lease agreements and agreements granting temporary occupation and land-use right

In 2013

• Counsel of a French subsidiary of an expanding Danish/Norwegian group for the sale of a wind farm to a foreign investor (installed power capacity: 36.9 MW)

• Counsel of a Belgian supplier of electricity with the purpose of entering the French Market

• Counsel of a French subsidiary of an expanding Danish/Norwegian group in a litigation regarding the application of a partnership agreement with the purpose of the co-development of wind farms

• Counsel of several electricity trading companies in a litigation against the market managing company

• Counsel of a French subsidiary of an expanding Danish/Norwegian group concerning a proposal for erection of a wind farm within the framework of a tendering process in port facilities

• Counsel of one of the world’s biggest producers of plastic materials, chemical products and refined oil products in a litigation against the operator of a gas transport network

• Counsel of the French subsidiary of a German group manufacturing photovoltaic modules and constructing solar farms in a dispute against the owner of a ground-mounted solar farm

• Counsel of companies operating two wind farms in pre-litigation phase against the constructors of both farms

• Counsel of a French subsidiary of an expanding Danish/Norwegian group against the decisions of the administration to refuse the construction of wind farm projects (installed power capacity: 22 MW)

• Counsel of a French subsidiary of an expanding Danish/Norwegian group with the purpose of renegotiating a development and project prospection agreement

• Counsel of one of the world’s biggest producers of plastic materials, chemical products and refined oil products regarding the reorganization of one of its production plant’s energy supply scheme

• Regular counsel of a Luxembourg group among the leading European electricity and gas suppliers regarding various questions on French Law

In 2014

• Counsel of a public authority regarding the transposition of section 7 § 1 of the European Union directive CE/2012/27 of October 25th 2012 regarding energy efficiency, modifying the directives CE/2009/125 and CE/2010/30 and repealing the directives 2004/8/CE and 2006/32/CE

• Counsel of two developers in the wind energy sector for the drafting of a co-development agreement regarding a wind farm project and the implementation of the legal structure for a common project

• Counsel of one of the most important European developers and constructors of wind farms in a pre-litigation phase against two operators of wind farms

• Counsel of a Belgian supplier of electricity with the purpose of entering the French Market

• Counsel of one of the world’s biggest producers of plastic materials, chemical products and refined oil products in a litigation against the operator of a gas transport network

• Counsel of a French subsidiary of an expanding Danish/Norwegian group in a litigation regarding the application of a partnership agreement with the purpose of the co-development of wind farms

• Counsel of a French subsidiary of an expanding Danish/Norwegian group for the drafting of amendments to a share purchase agreement and a development agreement regarding a wind farm project and in a pre-litigation against the project’s owner regarding the constitution of easements

• Review of a maintenance contract for one of the leading producers of WTGs

• Due diligence and counsel of a Luxemburg group among the leading European electricity and gas suppliers regarding the purchase of a wind farm project (installed power capacity: 24 MW)

• Counsel of a French subsidiary of an expanding Danish/Norwegian group for the drafting of a development agreement regarding the construction of a wind farm

• Assistance to a developer of solar farms in a litigation regarding alleged damage to the roof of the building

• Regular counsel of a Luxembourg group among the leading European electricity and gas suppliers regarding various questions on French Law

• Counsel of the French subsidiary of a German group manufacturing photovoltaic modules and constructing solar farms in a dispute against the owner of a ground-mounted solar farm

In 2015

• Counsel of the French subsidiary of an Italy-based leading European energy operator and due diligence regarding the acquisition of three wind farm projects in France (global installed power capacity: 28 MW)

• Counsel of a French subsidiary of an expanding Danish/Norwegian group for the sale of a wind farm to a foreign investor (installed power capacity: 25 MW)

• Counsel of a Luxemburg-based developer and constructor of on-shore and off-shore wind farms regarding real estate aspects for the acquisition of a wind farm project

• Counsel of one of the leading producers of WTGs for the drafting of a service contract with the operator of a wind farm regarding the performance of a technical audit

• Counsel of a French subsidiary of an expanding German group for the drafting and negotiation of the contracts for the construction phase of two wind farms

• Counsel of a French developer of wind and solar energy projects in a litigation regarding the authorization to operate a wind farm (global installed power capacity: 20 MW)

• Counsel of a French developer of wind and solar energy projects in a litigation regarding the building permit of a ground-mounted solar park (global installed power capacity: 4,5 MWp)

• Counsel of one of the most important European developers and constructors of wind farms in a pre-litigation phase against two operators of wind farms

• Counsel of a Luxemburg-based manufacturer of cogeneration modules in a dispute against the owner of a biogas plant

• Counsel of a French subsidiary of an expanding Danish/Norwegian group in a pre-litigation against a wind farm project’s owner regarding the constitution of easements

• Regular counsel of a Luxembourg group among the leading European electricity and gas suppliers regarding various questions on French Law

• Counsel of a Belgian supplier of electricity with the purpose of entering the French Market

• Counsel of one of the world’s biggest producers of plastic materials, chemical products and refined oil products in a litigation against the operator of a gas transport network

• Counsel of a French subsidiary of an expanding Danish/Norwegian group in a litigation regarding the application of a partnership agreement with the purpose of the co-development of wind farms

• Counsel of two developers in the wind energy sector for the transfer of the shares of a joint special purpose vehicle and the end of a co-development agreement

• Counsel of one the world’s biggest manufacturers of wind turbines in a pre-litigation phase concerning a fire in a wind farm

• Counsel of the French subsidiary of a German group among the world’s leading manufacturers of solar modules and builders of roof-mounted and ground-mounted solar farms in a litigation against the owner of a ground-mounted solar farm

• Counsel of one the world’s biggest manufacturers of wind turbines in a litigation regarding the application and the end of a development contract

In 2016:

• Counsel of a local semi-public company (“société d’économie mixte locale”) regarding the acquisition of a majority interest in wind farm project under development (installed power capacity: 19.2 MW)

• Counsel of a major French developer, constructor and operator of photovoltaic and wind farm projects regarding the sale of an equity interest in an SPV and assistance in the financing stage for the construction of the project via a bank loan (installed power capacity: 20.7 MW)

• Counsel of a French subsidiary of an expanding German group for the drafting and negotiation of the contracts for the construction phase of two wind farms and assistance in the financing stage for the construction via a bank loan (installed power capacity: 24 MW)

• Counsel of a French subsidiary of an expanding Danish/Norwegian group for the closing of the sale of a wind farm to a foreign investor (installed power capacity: 25 MW)

• Counsel of a French subsidiary of an expanding German group for the drafting of a “direct agreement” with a bank for the construction of a wind farm project

• Counsel of a French developer of wind and solar energy projects in a litigation regarding the authorization to operate a wind farm (global installed power capacity: 20 MW)

• Counsel of a leading French developer, builder and operator of wind and solar energy projects in a litigation regarding the authorization to destroy protected species for a wind farm project (global installed power capacity: 20.7 MW)

• Counsel of a French developer of wind and solar energy projects in a litigation regarding the building permit of a ground-mounted solar park (global installed power capacity: 4.5 MWp)

• Regular counsel of a Luxembourg group among the leading European electricity and gas suppliers regarding various questions on French Law

• Counsel of one the world’s biggest manufacturers of wind turbines in a pre-litigation phase concerning a fire in a wind farm

• Counsel of a French subsidiary of an expanding German group for the drafting of an EPC contract for the construction of two wind farms (global installed power capacity: 22 MW and 24 MW)

• Counsel of a leading French developer, builder and operator of wind and solar energy projects in a litigation regarding the authorization to destroy protected species for a solar farm project (global installed power capacity: 4.5 MWp)

• Due diligence for a leading German project developer and consultant regarding long-term lease agreement promises and an agreement pertaining to the transfer of project rights and authorizations of a photovoltaic project

• Counsel of a French developer of wind and solar energy projects and of a major French developer, constructor and operator of photovoltaic and wind farm projects regarding an equity investment in a project developing company and drafting of the related agreements

• Counsel of a French developer of wind and solar energy projects in a litigation regarding modified building permits for a wind farm (global installed power capacity: 20 MW)

• Counsel of a Luxemburg-based manufacturer of cogeneration modules in a dispute against the owner of a biogas plant

In 2017:

• Counsel of a local semi-public company (“société d’économie mixte locale”) regarding the acquisition of a majority interest in wind farm project under development (installed power capacity: 19.2 MW)

• Counsel of the French subsidiary of one of the largest European developer, builder and operator of wind farm projects regarding the negotiation of a co-development agreement for a wind farm project (envisaged installed power capacity: 34 to 43 MW)

• Counsel of the French subsidiary of an expanding Danish/Norwegian group regarding the obtaining of environmental permits for the construction and operation of two wind farm projects (envisaged installed power capacity: approx. 27 and 54 MW)

• Counsel of one the world’s biggest manufacturers of wind turbines for the drafting and negotiation of aggregation agreements with two major electricity producers

• Counsel of a Luxemburg-based producer of cogeneration units in expertise proceedings regarding the construction and operation of a biogas plant in France (installed power capacity: 235 kWe)

• Counsel of one the world’s biggest manufacturers of wind turbines for the drafting and negotiation of an agreement about the certification of power capacity and consumption interruption

• Counsel of a leading French developer, builder and operator of wind and solar energy projects for the drafting of a cooperation agreement with a regional natural park for the purpose of the implementation of environmental monitoring and protection measures

• Counsel of a natural park’s managing authority for the structuring of a project regarding the installation of photovoltaic systems on the commercial and industrial buildings of multiple companies

• Counsel of the French subsidiary of an expanding Danish/Norwegian group regarding the consequences of the prefectural authorization to build and operate a wind farm on the request for the tariff support mechanism (envisaged installed power capacity: 5 to 9 MW)

• Counsel of a leading French developer, builder and operator of wind and solar energy projects in a litigation regarding the authorization to destroy protected species for a solar farm project (global installed power capacity: 4.5 MWp)

• Counsel of public authorities regarding a study of the legal grounds that may be contemplated to put a hold on the prorogation of the operation of nuclear power plants

• Counsel of a Dutch company manufacturing equipment for cogeneration and biomass power plants in a litigation against the main contractor regarding a methanation unit

• Counsel of a Luxemburg-based manufacturer of cogeneration modules in a dispute against the owner of a biogas plant

• Counsel of a French developer of wind and solar energy projects in a litigation regarding the authorization to operate a wind farm (global installed power capacity: 20 MW)

• Counsel of a leading French developer, builder and operator of wind and solar energy projects in a litigation regarding the authorization to destroy protected species for a wind farm project (global installed power capacity: 20.7 MW)

• Regular counsel of a Luxembourg group among the leading European electricity and gas suppliers regarding various questions on French Law

• Counsel of the French subsidiary of an expanding Danish/Norwegian group regarding various questions on French Law

Publications

« Authorization procedures for on-shore wind projects in France », background memorandum for “Office France-Allemand pour la Transition Energétique / deutsch-französisches Büro für die Energiewende”, September 2016
“Financing of renewable energies: a false start for citizens’ investment?”, Newsletter BMH Avocats, April 2016
“INTERLAW BOOK on Renewable Energies”,
Editions bruylant, February 2015, contribution regarding France
“Dialog between a lawyer and an economist: “support schemes for electricity from renewable energy sources: towards a new paradigm?” (“Dialogue avocat – économiste : “Les aides à l’électricité d’origine renouvelable : vers un nouveau paradigme ?”), Lamy Concurrence, June 2014
“A 6-point overview of the new French Feed-in-Tariff Regulation of 31. August 2010” (“L’arrêté tarifaire photovoltaïque du 31 août 2010 en 6 points”), Newsletter Energy / Sustainable development nr. 3, October 2010 (also in German)
“New Feed-in-Tariff Regulation in France: Consolidation in Confusion” (“Les nouveaux arrêtés tarifaires photovoltaïques : entre consolidation et confusion”), Newsletter Energy / Sustainable development nr. 2, May 2010 (also in German)
“A New Regulatory Framework for the setting up of ground-mounted solar farms in France” (“Le nouveau cadre réglementaire d’implantation des centrales solaires en France”), Newsletter Energy / Sustainable development nr. 1, March 2010 (also in German)
“Acquisition of a wind farm in France: aspects of the legal due-diligence”, CFACI (French-German Chamber for Industry and Commerce), Contact review, May/June 2008
“Grid connection to public systems and curtailment” (« Raccordement aux réseaux publics et effacement »), section “le mot du juriste” (“the lawyer’s column”) in the review Europ’Energies nr. 43, December 2005

Conferences and seminars

„The „single authorization procedure“– Which potentials for the wind energy sector in France?”, “Office France-Allemand pour la Transition Energétique / deutsch-französisches Büro für die Energiewende” (OFATE), planning and authorization of wind farms in Germany and France: opportunities and challenges of the recent legal developments, WindEnergy Hamburg, September 28 2016
“Support schemes for generation of electricity from renewable energy sources”, conference organized by BMH AVOCATS, in cooperation with the AEEC (Associated European Energy Consultants), Paris, 24 November 2014
“National report on recent developments regarding wind energy”, AEEC Summer Camp, August 30th 2013
“Renewable energy in Europe, legal and market issues, state: France”, conference of the European Union of Lawyers, Barcelona, 14-17 June 2012
“Legal environment of offshore wind activity in France”, presentation made to one of the biggest operators in the construction industry, Vienna, February 22nd 2012
“Electromobility for Europe – Overcoming Technical, Economical and Legal Challenges”, conference organized by the Law Firm JANSON BAUGNIET at the Brussels Auto Show, Brussels, January 16th, 2012
“The trades in electricity from renewable sources between the two sides of the Mediterranean Sea within the framework of Article 9 of the EU Directive Nr. 2009/28/CE of April 23rd 2009 on the promotion of the use of energy from renewable sources, presentation of legal and economic issues”, Ministry of the Economy, Public Finances and the Industry, Paris, September 22nd 2011
“The simplified tender process for photovoltaic projects between 100 and 250 kWp”, Coordination Office for Renewable Energy (Koordinierungsstelle Eneuerbarer Energien), InterSolar Fair, Munich, June 9th 2011
“EU Perspectives on Financing Renewable Energy Projects – Report on Renewable Energies in France”, “Green in the City” Conference, London, February 23rd, 2011
The future of nuclear energy in France, AEEC, (Associated European Energy Consultants), Brussels, 23 November 2009
Powers of the new Agency for the Cooperation of Energy Regulators (ACER), AEEC, (Associated European Energy Consultants), E-world, Essen, 10 February 2009
The role of clean coal and CO2 sequestration in the European energy industry (“Le rôle du charbon propre et du captage de CO2 dans l’industrie européenne de l’énergie »), AEEC (Associated European Energy Consultants), presentation of the situation in France, Brussels, November 2008
Legal aspects involved in the management of radioactive waste (“Les aspects juridiques de la gestion des déchets nucléaires”), AEEC (Associated European Energy Consultants), presentation of the legal situation in France, Cordoba, October 2007
The new French Law on energy policies (the « POPE Law »): impact on renewable energies and investment prospects, presentation of the “POPE Law” and chairman, conference organized by BMH AVOCATS, in cooperation with the AEEC (Associated European Energy Consultants) and the support of the CFACI (French-German Chamber for Industry and Commerce), Paris, 4 November 2005

Associations

French Association for Energy Law (Association Française de Droit de l’Energie, AFDEN)
Associated European Energy Consultants (AEEC), member representing France, member of the Board
French-German Chamber for Industry and Commerce (CFACI)
Association for French Wind Energy (France Energie Eolienne, FEE)
Renewable Energies Union (Syndicat des Energies Renouvelables, SER) and its branch for solar energy SOLER
French-German Office for Renewable Energy (Office franco-allemand des Energies renouvelables, Deutsch-französisches Büro für erneuerbare Energien), member of the steering committee
European Lawyers’ Union (UAE), President of the Paris delegation, member of the Board

Education and degrees

CAPA (Bar exam), Paris, 1994
DEA de droit des affaires (master in business law), University of Paris I Panthéon-Sorbonne, 1993
Maîtrise de droit des affaires, University of Paris I Panthéon-Sorbonne, 1992
Maîtrise de droit européen, University of Paris I Panthéon-Sorbonne, 1992
DEUG de langue et civilisation espagnoles, University of Toulouse, Madrid Centre, 1988
“Proficiency in English” (grade A), University of Cambridge, 1988

Languages

French, German, English, Spanish, Luxembourg-speaking (mother tongue)


Sébastien Canton


scanton@bmhavocats.com
Vita

Associate

Biographie :
Sébastien Canton works on large-scale infrastructure projects, primarily in the field of renewable energies.

Langues :
French, German, English

BMH Avocats

BMHAVOCATS was established in 1988 by French and German lawyers who shared a common vision. BMHAVOCATS is an independent law firm, located in the heart of Paris, near the Place de la Concorde. The firm currently has 25 multilingual lawyers, 10 of whom are partners. The firm’s lawyers are European, both culturally and by training, and several are qualified to practise in France and in Germany. The firm is specialized in corporate/M&A, restructuring, energy law, construction law, industrial hazards, labor law, IP law, commercial law and public law, and represents its clients in the Civil, Commercial and Administrative Courts and in arbitration and mediation proceedings. It advises multinational companies, private and state-owned French companies, as well as other European and international companies and public authorities. Its clients operate in all of the sectors of the economy, including energy, construction, real estate, finance, mechanical and defence industries, chemistry and life sciences, media and e-commerce.

Since the turn of the millennium, our Energy Law team has represented clients in connection with the full spectrum of energy matters. Its comprehensive understanding of energy and environmental issues and our broad range of capabilities, especially contractual and M&A, allow it to provide targeted, innovative advice needed to meet its clients’ needs and business objectives. The team is active in the field of conventional energies and is one of the leading French firms in the renewable energy sector. It has also developed specific expertise in the direct sale of electricity, aggregation of electricity, energy efficiency and nuclear Law.

Its practitioners have been advising all operators in the energy sector: energy producers and suppliers, project leaders, owners, developers, project managers, builders, equipment suppliers, subcontractors, circular economy actors, bank investors, investment funds and national and international public institutions in French, German and English.

The Energy Law team advises clients on how to best design, permit, finance, construct and operate a wide variety of alternative energy sources under various regulatory regimes and during different economic cycles.

BMHAVOCATS‘s reach enables it to identify and help manage risks, anticipate and solve problems, and provide significant value to its clients as they plan, evaluate and develop renewable energy projects and related opportunities.

An AEEC member since 2003, the firm benefits from an extensive worldwide network of independent law firms.

Offices
Paris
Staff
Approx. 10
Accredited professionals
Approx. 25
Partners
10
Dedicated departments in the field of energy
Gas, Electricity, Renewable Energy, Energy Efficiency, Nuclear,
Accredited professionals active in the field of energy
Betw. 3 and 5
Other departments
Arbitration / Mediation / Negotiation, Life Sciences, German Corporate Law, Public Business Law, Defective Product Liability, Intellectual Property, Labour Law, Contracts / Competition / Consumer Rights, Restructuring / Collective Proceedings, Mergers – Acquisitions – Corporate Law, Commercial Leases / Construction
Clients
Mainly large companies and SMEs in France and Europe, project developers, operators of power plants, equipment manufacturers (renewable energy), public national and international institutions, circular economy actors, industrial and chemical companies, construction companies, investment funds, asset management companies, banks, automotive industry companies, food distribution chains and others.
Approach
Client-centred, multicultural approach with a focus on proximity and availability. Delivery of tailor-made and creative solutions through comprehensive and in-depth understanding of the client’s organization and economic sector.
Selection of references
Due diligence for a German group among the most important gas and electricity producers in Europe for the purchase of an SPV for the development of wind farms in the south eastern region of Paris (global installed power capacity of 129 MW). Counsel of a French subsidiary of an expanding Danish/Norwegian group for the sale of a wind farm to a foreign investor (installed power capacity: 36.9 MW). Counsel of a French subsidiary of an expanding German group for the drafting and negotiation of the contracts for the construction phase of two wind farms and assistance in the financing stage for the construction via a bank loan (installed power capacity: 24 MW). Advice to one of the most important manufacturers of wind turbines concerning wind farm operations in a pre-litigation context. Advice to a public authority in the context of the study of possible legal foundations in order to end the prolonged operations of basic nuclear installations. Co-leader of a consortium grouping European and Moroccan law firms, a German consultancy firm for economic studies and a Luxemburg electricity network operator with the purpose of drafting a feasibility study for a pilot project of electricity import from power plants using renewable energies located in Morocco within the framework of Article 9 of the EU Directive Nr. 2009/28/CE of April 23rd 2009 on the promotion of the use of energy from renewable sources.

Publications of BMH Avocats

The AEEC member has no publications yet.