Energy & Infrastructure

One of the major challenges for the energy transition is the available capacity of the electricity grids. Decentralised renewable production, large scale electrification (EV, housing and industry) and power demand by data centres, demand grid capacity for which the existing grid was never designed or laid out. This leads to grid congestion in large parts of the system. And as the expanding of a grid component may easily take seven years or more, market parties are looking for alternatives to still be able to realise their projects. We advise our clients on alternative connection solutions, such as cable pooling, private networks, direct lines, on-site consumption and (electrical or chemical) storage, as the case may require, always keeping an eye on the ‘bankability’ of the project. We take care of the necessary contracting and regulatory consents and permits, and advise on legal and tax structuring of the project.

Our team is recognized as one of the most dedicated and most active energy teams in the BeNeLux and as such we have in-depth knowledge of the energy transition. We are the go-to firm for innovative solutions to integrate oil & gas infrastructure with renewable initiatives such as wind power balancing through storage.

We are specialists in energy infrastructure, assisting in respect of electricity and gas networks as well as trade in and storage and supply of gas and electricity.

Approximately half of all energy consumed in the EU is used for heating and cooling. The majority of the heat is generated by end users burning natural gas on site, which is considered unsustainable. EU countries must therefore achieve a major heating transition, as all this heat should be produced carbon free by 2050. This will require billions of investments into collective heating solutions, such as aquifer thermal energy storage systems, district heating grids and provincial wide heat transmission networks in the coming two decades.

In view of these challenges, legislators wish to facilitate and accelerate the heating transition. In the Netherlands, for example, a bill for a Collective heat act has been prepared and should be adopted in the coming years. This bill envisages a rigorous overhaul of the heating sector by creating a comprehensive regulated heating sector, including regulated market access and actors, tariff regulation and greenhouse gas reduction targets, all under the supervision of the energy regulator and municipalities.

In Belgium, legal frameworks for heating were developed in recent years, with regional variations. These frameworks all seek to promote and support the use of renewable energy sources. The Flemish heating policy and legal framework are the most developed and are integrated within the wider energy legal framework and regulatory bodies. In Wallonia and Brussels, special acts and executing decrees have defined the different actors’ roles and their obligations.

We are on top of such regulatory changes at EU level and in our home markets, combining in-depth sector knowledge with a thorough understanding of legislative developments.

We advise heating companies, investors, real estate developers and heat offtakers on all heat related matters: from heat supply agreements and tariff regulation to the development of greenfield district heating projects or investments into brownfield heating projects.

With the Port of Rotterdam right around the corner of our Rotterdam office, we are well aware of the opportunities that the port and logistics sector has to offer, as well as the challenges that terminal and warehouse operators might face in their day to day business. Due to our longstanding local presence, familiarity with the local authorities and in-house specialists for every relevant aspect of the port and terminal business, we can be of importance to terminal operators, shipping companies and (foreign) investor.

Over the years, we have built a solid track record in advising both domestic and international investors and strategic partners in M&A transactions in the Dutch terminal market in general and the Port of Rotterdam specifically.

The defence, aeronautics and space industries operate at the intersection of innovation, national security and international collaboration. These sectors face unique legal and tax challenges, from export controls and procurement regulations to IP protection and cross-border structuring.

Loyens & Loeff offers strategic guidance to companies active in aerospace manufacturing, satellite technology, defence contracting and space exploration. Our team combines sector-specific knowledge with deep expertise in regulatory, tax and transactional matters to help clients operate securely and efficiently in a highly regulated environment.

We assist with:

• Government procurement procedures
• Dual-use goods compliance,
• Customs as well as import and export regulation
• Product regulation, including specific exemptions for military goods
• R&D incentives,
• Real estate matters
• Structuring international partnerships

Whether you're launching a satellite constellation, supplying defence equipment, or investing in space infrastructure, we help you navigate the legal complexities and unlock opportunities.

With a strong track record in advising both public and private stakeholders, we are well-positioned to support innovation and growth in these high-impact sectors.

As the global energy landscape shifts towards sustainability, the biomass and biofuel sector is playing a pivotal role in driving innovation and reducing carbon emissions. For investors, energy producers, government bodies, and technology developers, this transition presents both opportunities and regulatory challenges.

Our Energy & Infrastructure team at Loyens & Loeff offers integrated legal and tax support tailored to the specific needs of stakeholders in this sector.

We advise on:

• Regulatory compliance, including the Renewable Energy Directive (RED III) and international renewable fuel accreditation schemes, environmental and nature permit applications, subsidy compliance, audit processes, and reporting obligations
• Strategic tax planning, helping clients optimise financial performance through incentives, investment allowances, and tax credits for renewable energy projects
• Intellectual property protection, ensuring innovations in advanced biofuel technologies are safeguarded and commercially viable
• Contractual structuring, joint ventures, and cross-border transactions within the biomass and biofuel value chain
• Real estate related transactions and development regarding biomass and biofuel facilities

Our team combines deep sector knowledge with a pragmatic approach, enabling clients to navigate complex regulatory frameworks while pursuing growth and innovation. Whether you are developing new production facilities, entering strategic partnerships, or scaling up operations, we provide the legal and tax foundation to support your ambitions.

With a strong international network and a proven track record in renewable energy, we help you achieve your sustainability goals while maintaining compliance and financial efficiency.

Renewable and decarbonised hydrogen – being produced through either electrolysis using renewable power or the recapture of CO2 – will play a vital role in the future energy market. Specifically, hydrogen produced through electrolysis using renewable power (so called green hydrogen) can serve as a medium of storage of other renewably produced electricity when such electricity is produced in excess of demand.

Incentivised by national and European Union legislators, the hydrogen market is rapidly developing as both established energy companies as well as new market players have started developing hydrogen projects. On the transportation side, studies are being made on the (re)use of existing gas infrastructure and connectivity of end users. Examples of regulatory hurdles in these projects are the uncertainty regarding envisaged hydrogen legislation and potential incentive schemes to support the bankability of larger hydrogen projects considering the novelty of large, commercial hydrogen projects.

We advise our clients on the legal and tax challenges they face when launching hydrogen projects, all with a thorough understanding of the requirements for the commercial viability of such projects.

We are also the legal professionals assisting the TKI North Sea Energy Innovation Programme on system integration on the North Sea.

Reducing emissions is a central challenge for stakeholders across the energy and infrastructure landscape. Whether you are an investor navigating ESG obligations, a company subject to emissions trading schemes, or a government body implementing climate policy, compliance, strategy, and innovation are key to staying ahead.

At Loyens & Loeff, our Energy & Infrastructure team advises clients on the full spectrum of legal and tax issues related to carbon and greenhouse gas emissions.

We support:

• Compliance with EU and national frameworks, including the EU Emissions Trading System (EU ETS), the Carbon Border Adjustment Mechanism (CBAM), and national reduction targets
• Strategic tax planning, including the use of energy tax exemptions, indirect cost compensation schemes, and investment deductions for sustainable technologies
• Environmental litigation and regulatory disputes, such as nitrogen-related proceedings and climate-related class actions
• Zoning and permitting, including in relation to novel technologies such as carbon capture and storage (CCS)
• Sustainability reporting and CSRD readiness, ensuring your disclosures meet the European Sustainability Reporting Standards (ESRS)
• Carbon accounting and emissions audits, including Scope 1, 2 and 3 assessments and verification processes

Our team combines deep regulatory knowledge with practical experience across sectors, from industrials and transport to energy production and port operations. We help clients understand how emissions regulations impact their business, and how to turn compliance into competitive advantage.

With a proven track record in advising on emissions-related transactions, disputes, innovations and policy developments, we are well-positioned to guide you through the evolving climate and ESG landscape. Whether you are investing in low-carbon or carbon removal technologies, restructuring supply chains, or responding to new reporting obligations, we provide clear, actionable advice tailored to your strategic goals. 

The shipping and offshore sector is essential to global trade, energy logistics, and strategic operations. Stakeholders in this space, whether investors, offshore operators, port authorities, defense-related companies, or logistics providers, face increasing regulatory complexity, sustainability pressures, and geopolitical uncertainty.

Our Energy & Infrastructure team at Loyens & Loeff supports clients across the full maritime value chain with integrated legal and tax expertise.

We advise on:

• Ship finance structures and transactions
• Tonnage tax regimes and optimization
• Environmental compliance, including permitting, emissions and ESG-related obligations
• Deployment of vessels in military operations and dual-use scenarios
• Cross-border transactions, joint ventures, and M&A in the shipping and offshore domain
• Real estate related transactions and development regarding terminals and other port facilities

With our Rotterdam office located near the Port of Rotterdam, we have direct insight into the opportunities and challenges facing terminal operators, warehouse managers, and port-linked businesses. Our longstanding presence and close relationships with local authorities enable us to deliver practical, commercially sound solutions, especially in complex port and terminal matters.

We’ve built a strong track record advising both domestic and international investors on strategic acquisitions and partnerships in the Dutch terminal market, particularly within the Port of Rotterdam.

Clients value our responsiveness, creativity, and hands-on approach. Backed by deep sector knowledge and a strong international network, we help you navigate change with confidence, whether you're expanding operations, investing in infrastructure, or responding to evolving regulatory demands. 

Loyens & Loeff is the second largest European firm with a continuing Tier 1 track record in Energy throughout the Benelux. The Benelux played a pioneering role in the offshore wind industry since 2009 and our team was engaged as from the very first pilot project.

You can bank on more than a decade of offshore wind experience, including deep knowledge of the industry, new techniques and financial framework.  As a one-stop shop we can handle all aspects of your offshore wind transaction, from legal and tax structuring, due diligence, transaction documentation, up to completion and beyond.

Onshore wind has been a cornerstone of renewable energy development for decades, evolving from small-scale installations in the late 20th century to today’s sophisticated, utility-scale projects. Our Energy & Infrastructure team has been advising clients throughout this transformation, helping shape the legal and commercial frameworks that underpin the sector.

We offer comprehensive legal and commercial support for onshore wind projects at every stage. We assist with all aspects of onshore wind development, such as site acquisition, permitting and regulatory compliance, ensuring projects meet local and international standards. In an increasingly regulated environment, our team is experienced in navigating through the regulatory challenges and finding workable solutions for complex projects, such as bankable cable pooling documentation. We advise on financing structures, joint ventures and M&A transactions, as well as negotiating construction and power purchase agreements. 

With decades of involvement in renewable energy and a proven track record in onshore wind developments and transactions, we combine technical insight with practical solutions to help clients succeed in a competitive and evolving market. 

The solar sector is close to our heart and we are proud to be one of the legal pioneers in Europe. Loyens & Loeff has been active in the solar sector since the 2009, with Belgium being one of the first European markets to professionalise and develop large scale projects both in rooftop & largescale ground mounted projects. In 2016 Loyens & Loeff was again at the start of energy transition movement in the Netherlands, where the main European and Dutch players sought our knowhow and expertise and we continue to advise them until present. Luxembourg fund & Swiss renewable market developments are followed closely and clients appreciate the holistic view of our team.

In both Belgium and the Netherlands, Loyens & Loeff was one of the law firms which developed the market models and close the first non-recourse project finance projects on this basis. We are also proud to advise on most major portfolio’s in the market. We now advise actively on new developments as cable pooling, battery storage, grid congestion and new market models in the real estate sector.

Our assistance is full-service and includes both transactional assistance in M&A, project finance, power purchase agreements, EPC and O&M contracting. Our regulatory experts are thought leaders in their field and can provide you with regulatory, tax and litigation advice and assist in litigation procedures on all levels. 

In an increasingly digital world, the telecom and datacentre sector forms the backbone of connectivity, cloud infrastructure and data-driven innovation. As demand for bandwidth, low-latency services and secure data storage continues to grow, so do the regulatory, tax and operational complexities facing telecom operators and datacentre developers.

At Loyens & Loeff, we help clients navigate this fast-evolving landscape with integrated legal and tax advice tailored to the sector’s unique challenges. Whether you're expanding fibre networks, investing in edge computing, negotiating hyperscale datacentre deals or managing cross-border data flows, our multidisciplinary team ensures your business is future-proof and compliant.

We have extensive experience advising on:

• Infrastructure financing,
• Zoning and permitting challenges and opportunities,
• ESG compliance,
• Structuring joint ventures and acquisitions in the telecom and datacentre space, and
• Real estate aspects of complex infrastructure transactions and developments.

Our understanding of the sector’s technical and commercial drivers allows us to deliver pragmatic solutions that align with your strategic goals.

From greenfield developments to complex M&A transactions, we support telecom providers, infrastructure investors, cloud service operators and hyperscalers in building the digital infrastructure of tomorrow.

The use of public-private partnerships (PPPs) still presents many advantages when developing infrastructure projects. We advise on complex, large scale infrastructure projects, including road and rail infrastructure projects. We also intervene on projects for social infrastructure, such as prisons, schools and social housing projects.

We advise developers, contractors, banks and authorities alike. Our expertise covers all aspects of these projects, including procurement, regulation, contracting, financing and dispute settlement.

Regulation on treatment of waste and wastewater has expanded at rapid pace over the past years. At the same time, concepts such as the circular economy and the waste-to-energy drive requirements for new and state-of-the art infrastructure.

Our lawyers know the legal ins and outs of these sectors. Our experience covers all aspects including regulation, financing, project construction and development.