Energy

“360-degree understanding of the matters and commercial approach to the negotiations, going beyond the pure legal and technical aspects of the discussion

– The EMEA Legal 500 2020 –

We have a highly specialized and multidisciplinary team of lawyers with a sound understanding knowledge of the energy sector, particularly in relation to renewable energy projects.

We are able to provide our clients with a comprehensive legal advice, providing practical solutions in all legal issues arising from an energy project at any stage and combining the regulatory, contractual, real estate, corporate and finance aspects. Our specialized advice includes:

  • Sale and purchase of renewable energy projects (at any stage of development or in exploitation) or energy companies (advising operators, specialized engineering companies, promoters, energy traders, etc.), including the development of due diligences, both for clients and financial institutions.
  • Negotiation of contracts in the different stages of promotion, construction, commissioning and exploitation and operation of an energy project, including:
    • Engineering, Procurement and Construction agreements (EPC).
    • Operation and Maintenance agreements (O&M).
    • Assets Management agreements.
    • Development Services agreements.
    • Power Purchase Agreements (PPA).
    • All kinds of land contracts such as, lease contracts, surface rights, administrative concessions, easements, etc.
    • Communities of Assets (Comunidades de Bienes) and Economic Interest Group (Agrupaciones de Interés Económico), as well as incorporation of limited liability companies regarding the joint ownership of all kind of evacuation infrastructures.
  • Financing and refinancing transactions, including project finance.
  • Regulatory and administrative issues relating to projects both at regional, local and sectorial level.
  • Joint Venture transactions or similar structures.
  • Knot conflicts before the relevant authorities (CNMV), connection disputes before regional bodies, litigation and arbitration.

Additionally, as our clients venture outside the Spanish market, we accompany them in their international investments in countries such as Italy, France, Mexico, USA or Canada.

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PROFESSIONALS

The EMEA Legal 500 2020 – Energy

The ‘very commercial’ Araoz & Rueda is ‘highly skilled in energy projects' and ‘able to grasp the important aspects of the deal’. The firm has particular expertise in the promotion, construction, financing, start-up and operation of renewable energy projects, especially photovoltaic plants. The ‘exceptional’ Francisco Solchaga leads the practice and has a ‘good commercial understanding of the business that allows him to provide good legal technical solutions’. Testimonials: “Francisco Solchaga is very approachable. He has a deep understanding of the latest developments in the sector as he works with the main players” “They work very closely with the client and ensure a good understanding of the legal questions” “A&R manages to keep an excellent relationship with other counterparties involved in the transaction” “An in-depth knowledge of the legal questions and able to bring about innovative solutions adapted to the needs of the company” “They are able to suggest several solutions and alternatives in a very short period of time, adapting the legal advice to the rhythm of the client company” “Deep knowledge of energy law in Spain, especially in relation to renewable energy” “Reputed law firm well known by all key players in the sector, such as developers, utilities, banks and so on” “As this law firm’s strengths I would highlight their global, 360-degree understanding of the matters assigned to them, and their commercial approach to the negotiations, going beyond the pure legal and technical aspects of the discussion” “Francisco Solchaga is on top of all the aspects of the transaction. He is very good at channeling and coordinating the different parts of the law firm working on a specific matter”

The EMEA Legal 500 2020
The EMEA Legal 500 2019 – Energy

Araoz & Rueda has ‘a strong global understanding’ combined with ‘a commercial approach to negotiations, going beyond the purely legal technical aspects’. The team has particular expertise in all aspects related to starting-up and operating renewable energy projects. ‘Exceptional’ practice head Francisco Solchaga is ‘good at channelling and coordinating the different areas of the law firm’, as well as ‘providing technical solutions, sensible and in line with business practices and the needs of the client’. The department is assisting Alten and Ortiz with the sale of six photovoltaic projects in Spain to Vela-Sonnedix, as well as advising African Renewable on its agreement with Solarig, for the development of a photovoltaic plant project in Cadiz.

The EMEA Legal 500 2019
The EMEA Legal 500 2018 – Energy

Araoz & Rueda has been highly active assisting clients with regulatory matters, refinancing and energy-related litigation. The practice assisted Renovis with the acquisition of two rooftop photovoltaic projects located in Badajoz. Francisco Solchaga is the key contact.

The EMEA Legal 500 2018
The EMEA Legal 500 2017 – Energy

Araoz & Rueda has particular expertise advising on the hydrocarbons and electricity sectors and has been active on privatisation and deregulation processes. Among other matters the team assisted Perwin with the € 15m acquisition of the Solluz photovoltaic project.

The EMEA Legal 500 2017
The EMEA Legal 500 2016, “Recommended Firm” in Energy

At Araoz & Rueda Francisco Solchaga has extensive experience acting for clients in the hydrocarbons, electricity and gas industries. Recent highlights include assisting Grupo T-Solar on the acquisition of a stake in a photovoltaic project from minority shareholders.

The EMEA Legal 500 2016
The EMEA Legal 500 2015, “Recommended Firm” in Energy_Francisco-Solchaga

Araoz & Rueda advises sponsors on the development and financing of renewable energy projects and recently assisted China-based Huadian Fuxin Energy with the acquisition of a 40MW wind farm in Cuenca. Francisco Solchaga heads the team.

The EMEA Legal 500 2015
The EMEA Legal 500 2014, “Recommended Firm” in Energy_Francisco-Solchaga

‘‘Versatility’ and ‘dedication’ are the hallmarks of Araoz & Rueda’s practice, which has transactional and financing expertise. Francisco Solchaga ‘personally handles his clients’ matters’ and has ‘excellent knowledge of the energy sector’.

The EMEA Legal 500 2014
The EMEA Legal 500 2013, “Recommended Firm” in Energy_Francisco-Solchaga

‘Excellent in every way’, Araoz & Rueda is ‘always extremely quick to react’ and is ‘fully devoted to the client and the deals’. Francisco Solchaga is ‘remarkably business-oriented’, and has ‘deep knowledge and common sense’.

The EMEA Legal 500 2013
Chambers Europe Guide 2013, “Recommended Firm” in Energy_Francisco-Solchaga

Francisco Solchaga specialises in energy transactions, with clients including energy group OPDE.

Chambers Europe Guide 2013
The EMEA Legal 500 2012, “Recommended firm” in Energy_Francisco-Solchaga

Francisco Solchaga has expertise in hydrocarbons, gas and electricity, and is highly recommended in renewable energy projects.

The EMEA Legal 500 2012
The EMEA Legal 500 2010, “Recommended Firm” in Energy_Francisco-Solchaga

Araoz & Rueda has niche expertise in renewable energy, particularly solar plants. Clients praise the team´s "response, support and commitment". The team is led by "outstanding partner" Francisco Solchaga.

The EMEA Legal 500 2010
Chambers Europe Guide 2010, “Recommended Firm” in Energy_Francisco-Solchaga

This compact Madrid-based firm has a small but steady flow of project finance work. The practice focuses on the financing of solar power farms in Spain. Sources speak highly of practice head Francisco Solchaga, who, having focused on renewable energy deals for several years, has acquired excellent legal and technical knowledge of the sector.

Chambers Europe Guide 2010
PLC WHICH LAWYER? 2009, “Recommended Firm” in Energy_Francisco-Solchaga

Despacho recomendado en el área de energías renovables. Francisco Solchaga es el socio que lidera la práctica.

PLC WHICH LAWYER? 2009
Chambers Europe Guide 2009, “Recommended Firm” in Energy_Francisco-Solchaga

Peers identify this firm as an active player in the projects market, concentrating predominantly on the energy industry and working on photovoltaic projects on the side of the sponsors. Partner Francisco Solchaga leads the practice.

Chambers Europe Guide 2009

El Tribunal Supremo rechaza indemnizar a las empresas fotovoltaicas por la reducción retributiva de 2010

Informative Note Energy - March 2016

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Spain wins first renewable energy international arbitration

Informative Note Arbitration & Energy - February 2016

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Main amendments of the tax reform affecting the renewable energy sector

If you are interested in the topic covered in this Informative Note please contact our marketing department and we will be happy to provide you with a full English translation.

If you would like to view the Spanish version, please click here:

Informative Note - October 2014

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New regulatory framework for renewables in Spain

Past policies regarding renewable energies have been very successful in Spain, permitting a significant development of such technologies, making Spain one of the global leaders in this field. However, in recent years, due to the economic crisis and tariff deficit, a period of regulatory and legal uncertainty commenced, characterised by continuous legislative changes.

Informative Note - June 2014

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Main amendments of the RDL 4/2014 of 7 March

On 8 March 2014, the Royal Decree-Law 4/2014 of 7 March, adopting urgent measures on business debt refinancing and restructuring (hereinafter the “RDL”) was published in the Official State Gazette.

Informative Note - March 2014

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Financial measures applicable to the electricity sector

The purpose of this Informative Note is to inform you about the financial measures regarding losses for deterioration and applicable to the electricity market reform.

If you are interested in the topic covered in this Informative Note please contact our marketing department and we will be happy to provide you with a full English translation.

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Informative Note - February 2014

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Binding Ruling V1602 -13, of May 14, 2013

The purpose of this Informative Note is to inform you about the contents of the Binding Ruling V1602-13 May 14, 2013 issued by the Spanish Directorate General for Taxation (from this point forward “SDGT”), and clarify the principal elements which form the tax base of Value of Electric Energy Production Tax (from this point forward “VEEPT”) created by the Act 15/2012, December 27, on fiscal measures for the energy sustainability.

If you are interested in the topic covered in this Informative Note please contact our marketing department and we will be happy to provide you with a full English translation.

If you would like to view the Spanish version, please click here:

Informative Note - October 2013

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Entry in force – Law 3/2013, of 4 June, 2013 creating the National Markets and Competition Commission

Law 3/2013, of 4 June, 2013 creating the National Markets and Competition Commission was published in the Official State Gazette on 5 June 2013. The Act makes sweeping changes to the current system of regulatory supervision by creating a new body, the National Markets and Antitrust Commission (CNMC), which encompasses the existing National Competition Commission and the majority of industry supervisory authorities, namely, the National Energy Commission, the Telecommunications Market Commission, the Rail Regulation Committee, the Airport Economic Regulation Commission and the National Postal Industry Commission. The Law also abandons the plan to set up a future National Gaming Commission and the State Council for Audiovisual Media. However, financial supervisory authorities (National Securities Market Commission, Bank of Spain) and the Nuclear Safety Council are not included within the scope of application of the Law and therefore remain as separate bodies.

If you are interested in the topic covered in this Informative Note please contact our marketing department and we will be happy to provide you with a full English translation.

Informative Note - June 2013

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Amendments and reforms to the energy sector

Over the past months, the Spanish Energy Sector has suffered the consequences of the Government’s attempts to reduce the so called tariff deficit and to reestablish the balance between the costs and revenue within the Electricity Sector. These attempts have been partially materialized in the following reforms which were finally approved at the end of year 2012: Law 15/2012, of December 27, on tax measures for energy sustainability ("Law 15/2012"), introducing new taxes applicable to energy producers and other entities involved in the energy sector.

If you are interested in the topic covered in this Informative Note please contact our marketing department and we will be happy to provide you with a full English translation.

If you would like to view the Spanish version, please click here:

Informative Note - February 2013

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“Los pequeños productores de renovables frente al RDL 15/2018”

Publication: Energy Magazine (El Economista newspaper)
Authors: Laura Vintanel
Date: November 2018

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“Más trabas e inseguridad jurídica al autoconsumo eléctrico”

Publication: El Español
Authors: Laura Vintanel
Date: March 2018

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“Squaring the Circle: Reconciling the conflicting awards in the Eiser and Isolux Spanish renewable cases (Part II)”

Publication: Kluwer Arbitration Blog
Authors: Clifford Hendel
Date: July 2017

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“Squaring the Circle: Reconciling the conflicting awards in the Eiser and Isolux Spanish renewable cases (Part I)”

Publication: Kluwer Arbitration Blog
Authors: Clifford Hendel
Date: July 2017

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“Las renovables vuelven a llamar a la puerta”

Publication: Revista de Energía de El Economista
Authors: Francisco Solchaga
Date: Noviembre 2016

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“The Spanish renewable sector after the regulatory changes of 2013/2014”

Publication: Global Legal Insights (GLI) - Energy 2017
Authors: Francisco Solchaga
Date: Octubre 2016

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