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Find Lawyers in Spain for Energy Law

Practice Area Overview

The energy sector is heavily regulated in Spain as a consequence of (1) the implementation of EU legislation aiming at creating a single European energy market (mainly for electricity and natural gas); and (2) local regulations designing our internal market according to the specific characteristics applicable to this country (isolation – specially referred to electricity and natural gas markets – and a huge dependence to external energy sources). Main regulations are approved at State level. However, additional development dispositions can be enacted by the 17 Spanish Regions and some differences can be found from one to another Region (particularly on the renewable energy sector and on electricity and gas distribution networks).

Energy law practitioners must have a deep knowledge of the legal framework applicable in Spain, and shall also be in permanent awareness of the legislative updates, as this is one of the legal practices with more regulatory amendments introduced by the Spanish Government and Parliament. Indeed, abrogation of previous legal regimes (e.g. old renewable legal framework) and frequent enactments of new regulations are provoking many litigation processes at the Courts launched by the relevant stakeholders that challenge those regulatory amendments that impact negatively on their businesses. 

Energy lawyers deal with all legal matters regarding the production, transportation, commercialization, and consumption of the different sources of energy (oil, gas, and electricity, including renewables). This practice covers a large variety of legal advice, such as the legal assistance in the development of new energy projects (oil and gas E&P – conventional and non conventional – renewables, gas and electricity infrastructures, thermal power production, etc.) including advice on permitting that usually involves long and complex procedures; legal advice on M&A transactions (due diligence processes, contract negotiation, etc.); public procurement; subsidies and feed-in tariffs; legal defense both at administrative and judicial levels against penalty proceedings; or regulatory compliance legal advice, among others.

As the energy sector is an open market in Spain (except for very few exceptions), clients demanding legal services are of very diverse nature: public and private operators, multinationals, local and foreign investors, as well as energy intensive industries.

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