Energy & Environment
Over the years the Firm has gained in-depth knowledge of energy and environmental
legislation thanks to collaboration with experts in the application and
interpretation of complex national and EU regulations.
Professionals of the Firm have extensive experience in assisting major energy
and environmental companies, both in the private and public sectors.
The Firm provides a full professional service to these companies which includes
advice on authorization and concession procedures laid down by the public sector
(MSE, MAT, local authorities) and Regulatory Authorities (AEEG, GSE, GME);
the drawing up of electricity and gas contracts and the acquisition and transfer
of energy assets and the relative incentives available for the energy produced from
renewable sources (Cip 6 and Green Certificates).
The Firm's experience also extends to the procedures for the assigning
of public sector works and services as well as procedures for the privatization
of energy assets, focusing on the definition of procedures for tenders and the
drawing up of all relative documentation. It also advises on the legal aspects
of diverse types of financial transactions, in particular project finance,
providing assistance to energy sector companies in the organization and
negotiation of "allocated financing" and "assets allocated to a
specific business".
The Firm also advises companies in the energy efficiency and cogeneration sectors
which use technology aimed at energy saving and the reduction of air pollution
emissions. These companies benefit from current Italian and EU regulations
(D. Lgs. 20/07 – Resolution AEEG 42/02) and (Directive 2004/8CE) which envisage
special treatment and incentives (Energy Efficiency Certificates or "White Certificates").
With specific reference to the development of a photovoltaic market in Italy, the Firm
has been active since the first laws were promulgated to encourage new plants.
The Firm represents and assists clients (i) in finding suitable locations and
purchase or lease of relevant areas, (ii) in permitting procedures with local authorities,
(iii) project financing, including arranging vehicles and other corporate structures,
(iv) related due diligence activities, both as a counsel to lenders and banks,
(v) drafting agreements in connection with supply, construction, maintenance and
insurance of facilities, (vi) connecting procedures of facilities to the power grid,
(vii) drafting agreements in connection with sale of produced power, and (viii)
permitting in order to receive public incentives (so called "Conto Energia").
The Firm's experience also includes drafting solar panels supply agreements and assisting
solar panel producers in obtaining the required certifications.
Moreover, GHDP may boast meaningful and specific experience in the acquisition
of companies operating in the gas trading sector as well as in the acquisition of gas
transportation capacity.
In the environmental field, the Firm offers assistance and specialist expertise,
acknowledged academically, for out-of-court and litigation cases. The physiological
integration between energy and environmental law specific skills is a solid base
on which our professionals can offer comprehensive and highly reliable consultancy
services to sector operators.
Assistance is frequently provided before Italian and European Courts, in
particular within the context of ordinary and extraordinary litigation, for instance,
against the AEEG (the Italian Energy and Gas Authority) concerning administrative aids to
low-impact energy producers, realisation of energy production plants exploiting biomasses
or other low-impact energy sources, realisation and optimization of multi-functional platforms
for the management of special hazardous waste and electromagnetic pollution.