Energy

Liedekerke is recognised as one of the very best law firms in Belgium in energy law (and broader in the energy sector – see our related webpage). We are one of the only two firms in Belgium to be consistently in the first category of the ranking Energy of the two leading legal directories (band 1 in Chambers Europe and Tier 1 in Legal 500). Our extensive knowledge of the energy regulation, built through an exceptional track-record in assisting major energy stakeholders, is the foundation of our reputation for excellence in this field. This excellence is a mean to offer sound and pragmatic legal solutions to our clients.

Liedekerke has both the capabilities to offer highly technical expertise in energy law, and to assemble multidisciplinary teams for broader mandates within the sector.

The Energy sector in Belgium is facing structural changes like the growth of renewables, the electrification of transport and industry, the nuclear phase-out, the decentralisation of production, development of carbon capture facilities and storage systems, further EU integration, increasing impact of ESG on investments, smart metering and other new energy innovative technologies, geothermal projects, the growing frequency of corporate power purchase agreements, the objectives of climate neutrality or the hydrogen revolution.

Those evolutions are framed by specific regulation, that Liedekerke’s energy law specialists master thanks to their daily involvement in the matter.

Compliance with the EU law framework and the intra-Belgian devolution of powers are additional sources of complexity.

Liedekerke’s skilled energy law practitioners are there to guide clients in this environment, by finding together sound legal design to implement projects and/or by helping to solve issues.

Our Services

Liedekerke assists a wide variety of clients with energy law, ranging from project developers, producers, suppliers, offtakers, energy-intensive consumers, grid operators, investment funds, industry associations, oil majors, LNG importers, hydrogen suppliers, regulatory authorities, other public agencies, etc. Power producers and suppliers are at the core of our energy law practice.

Market regulation: Advising on European as well as Belgian federal and regional energy regulations (e.g. market design, unbundling, permits and licenses, support and penalty schemes, grid connection and access, grid tariffs, supply price control, public service obligations, specific levies, regulated contracts and activities, closed distribution systems, direct lines, energy communities, etc.).

Operational issues: Drafting or restructuring energy supply contracts, licensing, commercial contracts, B2C practices, legal aspects of crisis management, etc.

Project development: the development of energy projects (solar farms, onshore and offshore wind farms, biomass plants, CCGT’s, Battery Electricity Storage Systems, pipelines, grid infrastructure, terminals, etc.) is a major ground of expression of our Energy law practice, even if it also requires multiple interventions from other legal disciplines as well (see our webpages Energy Sector and Projects).

Dispute resolution: ADR or litigation in any of the relevant jurisdictions, e.g. licensing, tariffs, grid access, relocation of pipelines, support or penalty schemes, contracts, liability claims, energy taxes, etc.

Our Team

Liedekerke has one of the largest Regulatory departments in Belgium, with more than 20 lawyers. Our Energy subteam gathers a small number of highly specialized lawyers who are at the core of the broad energy sector practice of the firm.

They daily assist our clients for energy law mandates, indifferently at Belgian federal level and in the 3 regions of the country. The team also developed an important practice of Congolese energy law, in cooperation with our Africa practice and Kinshasa office.

Liedekerke is the Belgian member of the non-exclusive international law firm alliances Lex Mundi and of the Energy Law Group (ELG), the most extensive network gathering energy and natural resources experts. This gives to our clients direct access to the best energy lawyers abroad, either for international mandates, or to bring back solutions tested elsewhere.

Our Relevant Experience

• Advising Elia in the implementation of the Belgian Capacity Remuneration Mechanism to ensure adequacy of electricity capacity after nuclear phase-out.

• Assisting TotalEnergies in a competitive process to sign the long term PPA for the offtake of the Rentel 309 MW offshore wind farm.

• Assisting Perpetum in the design of a third-party investor structure (with direct line and PPA) of a 10 MWp solar farm in Châtelet.

• Assisting Nala Renewables (a joint venture between Trafigura and IFM Investors) for the development of a 25MW/100MWh Battery Electricity Storage System on Nyrstar’s site in Balen.

• Assisting (EDF) Luminus in a major claim in reimbursement of the federal levy on gas use to generate electricity, for breach of the EU directive on taxation of energy products.

• Assisting the federation of power and gas companies FEBEG in challenging the conditions of a regional extension to the federal regime of regulated energy supply prices to vulnerable customers.