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The energy and utility sectors in Denmark, Europe and worldwide face two key challenges: reliability of supply and a need for reducing carbon emissions. Consequently, the energy sector is undergoing changes, including consolidation involving divestments, mergers and acquisitions, with a view to streamlining and creating synergies in the energy sector, which is exposed to liberalisation to increase competition, while the area is still subject to extensive public law regulation.

We advise large Danish and non-Danish public and private energy operators, such as utility companies, offshore and onshore oil and gas companies, operators in the wind turbine sector as well as climate funds, cleantech enterprises, etc. We have extensive experience rendering advice to the oil and gas sector within all aspects from purchase/sale to the conclusion of contracts, licence applications, etc., just as we are experienced in setting up onshore and offshore wind farms not just in Denmark, but all over the world. We specialise in regulatory issues and have in-depth knowledge of drafting complex agreements, complaints cases before the Danish Utility Regulator (formerly the Energy Regulatory Authority), the Energy Board of Appeal and the Energy Agency, also in connection with obtaining licences and permits, exemptions, etc. 

Our advisory services include:

  • Renewable energy, including biomass and biogas
  • Onshore and offshore wind farms 
  • Oil and gas sector advisory services 
  • Setting up or reorganising collective utility plants 
  • Advice to private and municipal utilities
  • Climate, including carbon quotas/credits/storage 
  • Electricity, heat and water supply 
  • Cleantech 
  • Transfer of energy enterprises and utilities 
  • Private equity and venture investments 
  • Direct and indirect environmental, energy and climate-related taxes. 

Our team is made up of highly qualified and specialised lawyers, who are among the leading experts within the field. Our specialists have long-standing experience in advising on all areas of law relating to energy and utilities.

We cooperate with various operators providing us with in-depth knowledge of the energy industry, including key issues, challenges and not least opportunities and solutions.

Advice is rendered by an interdisciplinary team of specialists providing professional expertise, and we frequently work together with other practice areas, such as M&A and Corporate Matters, Environment, EU & Competition, Infrastructure, Financing and Tax.

Energy & Supply

Energy

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What the team is known for
Outstanding energy practice with noted capabilities in cross-border matters, assisting clients with high-profile M&A, financing and corporate mandates relating to projects. Broad expertise covers both offshore and onshore oil and gas activities as well as renewables, with a strong focus on wind energy. Advises on the regulatory and EU law aspects of energy matters and acts on environmental issues associated with energy projects. Further strength in corporate restructuring mandates, as well as representing clients in energy-related arbitration proceedings.

Strengths
One client enthuses: "I really like their negotiation style; they found the right arguments, told us the right strategies and flagged the risks."

Work highlights
Acted on construction and operational issues for the Nord Stream 2 energy infrastructure project, including a cross-border environmental impact assessment.

Notable practitioners
Jakob Østervang is "available at all times," according to one appreciative client. He is notably active in acquisitions and financing mandates involving renewable energy projects.

Per Hemmer is well regarded on the energy market, with particular plaudits for his regulatory advice. He also advises on environmental impacts of energy projects, as well as acting on transactions and restructuring mandates.

Chambers and Partners Europe, Energy

Energy & Infrastructure

Bech-Bruun continues to develop its position as one of the leading names in the Danish energy and infrastructure market. This year it successfully expanded its team to bring in new expertise to supplement the already strong lawyers on its roster. It has also continued to impress on the energy side in particular, where it has again secured some of the most significant mandates in the Danish markets.

“Bech-Bruun’s energy team is providing a full-scope service for high-profile and complex renewable projects, including procurement, regulatory, competition, corporate and financing,” says one in-house counsel at a major European energy provider. “They have outstanding knowledge of Danish energy law and the Nordic energy market and all the relevant stakeholders. They are also very friendly, pragmatic and have a good responsiveness.”

Generally, clients praise the accuracy of the firm’s work as above average, with the work ethic of some of the senior lawyers praised in particular.

“Why we are using Peter [Østergaard Nielsen] is that he has a very good commercial touch and knows the supplier market on wind, he knows the industrial players and is strong on the supply agreements,” says one in-house counsel at a Danish investment group. “He is very well known on the supplier market for wind. When he moved to Bech-Bruun we followed him, because we are attached to Peter, not the firm he works for.”

Nielsen joined the team in February 2016 from Moalem Weitemeyer Bendtsen and brings a strong reputation in the wind and renewables market with him. The firm also brought on board another new partner in January 2015 in the shape of Claus Berg from Viltoft to help boost its construction and public procurement capabilities.

While the firm is known for its strength in the energy market, it has also had a productive year on the infrastructure side as well. This includes the continuing advice being provided to the Region of Southern Denmark on the development of a new hospital and working with Aarhus Kommune on the public-private partnership (PPP) construction of a new office building.

IFLR 1000, Energy and infrastructure

Energy

Ranked: tier 1

Bech-Bruun handles regulatory issues, M&A transactions, energy project developments and contentious matters for a client list of energy companies, investors, project developers, public companies and municipalities. The team’s project advice includes the drafting and negotiation of renewable energy project contracts and handling energy project financing work. Practice head Per Hemmer is notably active in his work on geothermal plants and solar parks and also assists with regulatory matters relating to cross-border gas pipeline projects. Offshore wind expert Anders Hørlyck Jensen was promoted to partner in early 2019.    

Legal 500, Energy

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