The North is the energy region of the Netherlands and plays a pioneering role in the energy transition.
The energy sector is primarily at the intersection of public and private law and often requires a multidisciplinary approach. Our specialists in the field of M&A and corporate law work in an integrated sector team with our specialists in the fields of administrative, environmental, and planning law to advise governments, (network and utility) companies, industrial market players, large consumers, developers, entrepreneurs, and investors on their challenges, opportunities, and investments in the (sustainable) energy sector.
Because projects and transactions within the sustainable energy sector often have complex structures, they require in-depth experience and knowledge of the sector. An essential component for the success of a project or transaction is spatial integration. Our specialists are familiar with the latest developments in (upcoming) regulations such as the Environmental Law, the Mining Act, the Collective Heat Supply Act (also known as Heat Act 2.0), the Gas Act, and the Electricity Act (as well as the future Energy Act), and are well-acquainted with governments and other relevant market players in the North.
We advise on a broad range of topics related to the development of sustainable energy projects. Consider, for example, the structuring, development, construction, and/or acquisition, and/or spatial integration of projects in the areas of:
We guide and advise clients during every phase of an energy project, including, for example, on the following subjects:
The energy transition is developing at a rapid pace. Changing laws and regulations, technological innovations (e.g., energy storage and cable pooling), and social and political objectives make this a complex legal landscape. Our specialists are up to date with recent developments and provide clarity where needed, so your project can succeed. We do this in our pragmatic and no-nonsense manner.
Due to our knowledge of the Northern Netherlands region and the energy sector, combined with our multidisciplinary and integrated approach, we are an expert sparring partner in the field of energy for all parties in the chain. We think along, act quickly, and add the value you can expect from us to your project.
Energy is not just a sector, but a unifying theme that brings all parties to the table: government, developers, and users. Yspeert understands the dynamics within energy law and helps you move forward.
In situations of grid congestion, the grid operator may (temporarily) be unable to allocate transport or connection capacity, which can significantly delay or halt projects. You may file an objection against such decisions or, if necessary, lodge an appeal with the ACM (Dutch Authority for Consumers and Markets) or the administrative court. In addition, alternative solutions are often possible, such as joint transport agreements, cable pooling, or establishing your own energy hub. We advise and assist organizations in assessing the legal basis of the refusal, negotiating with the grid operator, and contractually securing solutions to limit risks and safeguard the continuity of projects.
We provide guidance throughout the entire permitting process, from preparation and application to potential legal proceedings. In doing so, we combine in-depth knowledge of the Environment and Planning Act, the Energy Act 2025, the Mining Act, and other relevant regulations. By engaging with the competent authority at an early stage, ensuring careful stakeholder participation, and applying strategic contract management, we reduce the risk of delays, additional costs, and legal obstacles. In addition, we advise on alternative routes and optimize the permitting strategy to ensure projects are completed on time and in compliance.
Power Purchase Agreements (PPAs) and cooperation contracts in the energy market require careful structuring. Clear arrangements on volume, pricing models, guarantees of origin, liability, security of supply, and flexibility are essential. In addition, contracts must anticipate market fluctuations, grid congestion, subsidy changes, and the impact of new legislation, such as the Energy Act 2025. We ensure that contracts minimize risks, improve bankability, and maximize returns, while safeguarding compliance, adapting to evolving regulations, and aligning with strategic interests.
The Energy Act 2025 replaces the current Electricity Act and Gas Act, introducing a single legal framework for electricity, gas, and hydrogen. The Act imposes new obligations regarding grid access, security of supply, flexibility services, and the role of energy communities. For cooperatives, this creates opportunities to generate and trade energy locally, but also obligations concerning transparency, governance, and liability.
The Collective Heat Supply Act (Wcw) focuses on the regulation of district heating networks, requiring heat suppliers to obtain licenses, apply transparent tariffs, and ensure consumer protection. Municipalities will have greater control over the development of heating networks and may designate areas with mandatory connection requirements. For organizations and cooperatives, this means a thorough legal assessment is necessary to choose the right structure, secure concessions, and mitigate risks related to contractual liability and consumer law.
The Environment and Planning Act introduces a single integrated permitting procedure in which environmental aspects, stakeholder participation, spatial planning, and the balancing of interests are combined. This makes the permitting process more complex and requires thorough preparation. We support energy projects in drafting a legally robust application, participation plans, and strategic risk management. By engaging early with the competent authority and relevant stakeholders, we help prevent delays, requests for additional information, and rejections.
We guide your SDE++ application from strategy and preparation through to potential objection and appeal proceedings. We advise on the optimal project structure, such as SPVs or joint ventures, assess fiscal and contractual aspects, and ensure that all supporting documentation complies with legal and procedural requirements. In addition, we monitor subsidy risks, take into account overlaps with other schemes, and coordinate alignment with the RVO where necessary. In the event of a rejection, we prepare a strong legal argument for objection or revision, significantly increasing the chances of a successful award.
Mergers and acquisitions in the energy sector require specialized legal due diligence. This includes, among other things, permits, transport rights, subsidy schemes (such as SDE++), contracts with grid operators, and ESG obligations. The Energy Act 2025 introduces additional notification requirements to the ACM for certain transactions, alongside existing merger control under competition law. Incorrect assessment may result in suspensive conditions, loss of subsidy positions, delays, and significant claims.
