Michel Vandersmissen

Michel is a partner in the energy department. He advises clients on the national and international markets with their energy issues, ranging from improving the energy efficiency of business processes, to the development of renewable energy projects, and the construction and operation of large power plants.

 
 

Michel’s expertise focuses on energy law, in particular the regulation and liberalization of the electricity and gas markets. He advises both private market actors (producers, suppliers, customers, system operators, etc.) and the various regulators and public authorities at national (federal and regional) and international levels. 

In particular, he has an in-depth expertise in drafting energy contracts, drafting legislative texts (laws and executive orders) and developing and implementing policy instruments to ensure adequate investments in generation capacity and support regimes for renewable energy (onshore and offshore windturbines, solar, biomass, biogas, geothermal, etc.) and their compatibility with European state aid regulation.

He is fluent in Dutch, English and French.

    • Regularisation of the closed distribution system for a large chemical company in the Antwerp harbour; drafting of the contractual framework and elaboration of closed distribution system tariff.

    • Assistance to several Belgian cooperative companies involved in the investiment, development and operation of renewable energy projects (onshore windturbines) and the supply of renewable electricity to its participants; incorporation of cooperative companies, drafting of articles of association, assistance with legal proceedings (proceedings for annulment of single permits), drafting cooperation agreements, undertakings to lease, negotiating with third party investors, with the Financial Services and Markets Authority, etc.

    • Assistance to a German company investing in, developing and operating renewable energy projects (onshore windturbines and solar); drafting of Cooperation Agreement with Belgian company for the mutual development of REN projects in Belgium, legal advice on tax issues, etc.

    • Legal assistance to a Belgian multinational company active in the pharmaceutical sector in connection with the provision of a park of 37,000 photovoltaic panels with a total capacity of 13MW spread over a 19-hectare site realized by the municipality

    • Assistance to an Australian manufacturer of radioisotopes with the acquisition of a site in Belgium containing 2 cyclotrons; legal due diligence of permits (construction, environmental, nuclear), drafting and negotiating of a Sale & Purchase Agreement, Agreement for Decommissioning Works, negotiations with tax administration re. registration duties, amending draft notary deed, etc.

    • Assistance to FPS Economy and Energy with setting up a Capacity Remuneration Mechanism, draft law, secondary legislation and guidance with negotiations with European Commission with regards to State Aide compatibility

  • Energy, Climate Change & Mobility practice

  • Education :

    Master of laws (VUB 2007)

    Bar: Brussels

    • Europ’Energies, “Consultation publique relative aux règles de fonctionnement du CRM belge”, N° 220 - September 2020, p. 11.

    • Co-author of « Le nouveau droit des Energies renouvelables en Europe & en Belgique », Corporate Copyright, March 2021, 336 p.

    • Co-author of “The Belgian Capacity Remuneration Mechanism - Practical Guide for Producers, Investors and Bankers”, Corporate Copyright, June 2021, 905 p.

 

 Contact details.

E-mail: m.vandersmissen@janson.be

Phone: +32 2 675 30 30