The Firm has developed considerable experience in the energy sector (with special reference to renewable energy) and in local public services (namely the distribution of gas, electricity, street lighting, waste management). The main clients are financing institutions and public bodies. It should be pointed out, in particular, the Firm’s experience developed with public institutions with regard to the tender procedures for the assignment of the management of local public services and the realization of public infrastructures, including the assistance to the contracting stations during the execution phase of the relevant contracts. Moreover, the Firm has carried out several tasks related to the preparation of regional bills (with particular reference to energy and local public services.) 

In the renewable energy sector, the Firm performs:

  • Authorized procedures to obtain the necessary permits for the construction and the operation of the energy plants,
  • Writing and negotiating of EPC and O&M contracts,
  • Contracts for the acquisition of lands and property rights for the implementation of the initiatives,
  • Financing of projects,
  • Procedures for the recognition of the incentives by the GSE.

The Firm carries out – in this specific sector – legal, corporate, financial and accounting due diligence procedures on behalf of financial institutions or energy companies. Collaborating with banks and sponsors, the Firm has taken part in procedures involving more than 200 MW installed energy in relation to wind power plants, photovoltaic plants or plants powered by biomass or solid waste (or other types of waste). Moreover, the Firm is particularly skilled in litigation cases before the TAR of Lazio (and the Council of State) regarding the provisions of the GSE for revocation/loss/annulment of the recognition of the incentives (incentive tariffs, white certificates, green energy certificates). 

Lastly, the Firm is active in M&A and in debt restructuring operations in the energy sector.

The Firm has a long and enduring tradition in providing assistance to public administrations in disputes against managers holding concessions over the distribution of gas within the municipality. It has carried out – as advisor of public administrations – the first and most significant national tenders for the assignment of the service on a local base (also referred to as ATEM) according to the Leg. Decree 164/00 (Letta Decree) and M.D. 226/201. Thus it has developed experience in performing tasks involving multiple subjects, namely local institutions, private and technical dealers, handling the litigation with the outgoing manager, in order to determine the value of the plants to be tendered, as well as the preparation of the documentation (call for tenders, specifications and supplementary documents) for the formal assignment of the services and the selection of the new manager. The Firm also supports the client in the supervision of the concessionary partnership established at the end of the tender, providing mainly extrajudicial and judicial assistance with regard to any issue (technical and economic) in the relationship with the manager.

The attorneys of the Firm are invited as experts to conventions from different sectors and they take part in discussions  with institutions about the relevant technical aspects with the Ministry, Independent Authorities and Trade Associations.

The Firm serves the interests of ESCO and public administrations involved in energy efficiency projects. The Firm can organize all the aspects of the energy efficiency procedures, namely the planning of the operation, the drafting of the required contracts, the  assistance to receive funding and to perform the procedure to access the incentives (ex: white certificates). It also carries out due diligence(administrative, contractual and corporate) activities prior to investment execution.

More specifically, the Firm helps public administrations in the preparation and in the performance of the tenders for the assignment of energy efficiency endeavors (to be implemented in compliance with the contract for energy production, or resorting to more complex figures such as project financing).

By demand of public entities, the Firm has also elaborated judicial processes more in line with the goal of  combining heat management services to restoration and energy saving operations.

The Firm supports public administrations at every stage of the tender, from the drafting of the relevant documents, to the management of the tender (ex: consultation provided to the tender committee) and lastly the signing of the contract. More specifically, the Firm is in charge of transferring  services for projects for the carrying out of important public works, supervising every aspects of the process (tenders for the selection of the project designer, of the project supervisor and finally the selection of the construction company). Furthermore, the Firm assists the client in the supervision of the contract during the execution of the assigned task. The Firm provides judicial assistance to public entities and/or contractors in litigations before the TAR and the Council of State regarding public contracts and grants. As for lending banks, the Firm also performs legal, corporate and financial due diligence activities for project financing operations. In particular, the structure is capable of addressing the complexities of legal aspects of the funding of the project, such as the project design, the performance of the operations and relevant administrative processes (ex: assistance in the transfer of services).

The Firm asserts its lasting and solid experience in grants (large and small) of water supply for the production of electricity. They have established – handling the legal aspects pertaining to the authorization, construction, interconnection and management – the related procedures for hydroelectric power production.

It has provided assistance and advise to public institutions for the preparation and implementation of legal projects for material supply to create hydroelectric power, focusing in particular on the aspects related to the compatibility between national and EU legislations. It represents public entities and private producers in administrative litigation (TAR and the Court of Water) for the release of hydroelectric concessions and other related topics. It claims considerable experience in legal representation in BIM Consortiums before the courts of water and the S.U.s of the Court of Cassation, with particular reference to the BIM hydroelectric dams discussed in L. 959/1953 and L. 227/2012 and the coastal hydroelectric plants discussed in sect. 53 of R.D. n.1775/33. Moreover, the Firm performs legal, corporate and financial due diligence activities on behalf of banks for investments in the hydroelectric power sector.

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