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Michel VANDERSMISSEN Michel VANDERSMISSEN
Michel VANDERSMISSEN

  • Counsel
Tel. +32 2 675 30 30
Email get in touch

Expertise


Presentation


Michel Vandersmissen (°1982) joined Janson's Energy department in 2008. As a lawyer affiliated with the Brussels Bar since 2008, he focuses on energy law, in particular the regulation and liberalisation of the electricity and gas markets.

Michel advises both private market players (producers, suppliers, customers, network operators, etc.) and the various regulators and authorities at national (federal and regional) and international level. He has in particular in-depth expertise in the drafting of energy contracts, the drafting of legislative texts (laws and implementing decrees) and the development and implementation of policy instruments in order to ensure adequate investments in generation capacity and of support regimes for renewable energy (onshore and offshore wind, solar, biomass, biogas, geothermal, etc.) and their compatibility with European state aid regulations.

References

  • Assistance with setting up a Capacity Remuneration Mechanism, draft law and guidance with negotiations with European Commission with regards to State Aide compatibility (PS Economy and Energy)
  • Assistance with the development of legal structure, incorporation of SPV, negotiations with private partners for the stimulation of energy efficiency of enterprises (Walloon Public Investment Fund)
  • Drafting of a legal analysis concerning product standards
  • Elaboration of the legal framework for the installation of a heat network through waste-to-energy recovery
  • Assistance to a major Luxembourg energy producer with regards to support mechanisms for its biomass installations in the Flanders Region
  • Assistance to Flemish Energy Regulator in multiple domains, such as liability, litigation concerning support to renewable energy, etc.
  • Assistance to the Djibouti Energy administration with regards to the Grid Code
  • Assistance to a major Belgian property company with the regularisation of its closed distribution system (drafting access and connection agreements, grid tariffs, etc.)
  • Assistance to the Belgian federal Minister of Energy and the Minister of the North Sea with regards to the support scheme for offshore windfarms (revision of support scheme, lifting domain concessions)
  • Assistance to Belgian federal Government with regards to notification of potential State Aid to the European Commission in the domains of nuclear energy as well as renewable energy
  • Assistance to the energy administration of Burkina Faso with regards to third party access to its electricity grid (drafting of contracts, training negotiation skills)
  • Assistance to the Federal Energy Administration and the Brussels Capital Region Regulator with regards to the conversion of their gas grid from low calorific value to high (planning, competences, liability)
  • Assistance to the European Commission with regards to a study on regulatory matters concerning the development of the North and Irish Sea offshore grid
  • Assistance to Belgian federal Government regarding the extension of lifetime of the nuclear power plants (contract negotiations for the investments for the rejuvenation of the plants, guaranties in case of premature shutdown by the Belgian State, nuclear taxes and taxes on the extensions)
  • Assistance to a major Russian gas producer and supplier with regards to its helium sales and purchase agreements (take-or-pay clauses, liability, etc.)
  • Assistance in the setting-up of off-shore wind farms of 110 and 126MW (regulatory due diligence for senior lenders of the projects)
  • Assistance to Luxemburg energy supplier in acquiring (federal & regional) electricity and gas supply licences in Belgium
  • Assistance to power plant operators in administrative procedures to be followed in case of change in control (following transfer of shares), transfer of O&M, transfer of generation license and increase of capacity
  • Legal due diligence for a third party investor of a company investing in, developing and operating renewable energy projects in Belgium and the Netherlands
  • Assistance to Greek Government with regards to the sale of an office building situated in Brussels: legal due diligence, draft sales agreement and sales deed, negotiations with tax authorities to avoid double taxation (registration rights), analysis tender procedure
  • Assistance to Belgian Government in proceeding before the Constitutional Court related to an appeal in (partial annulment) of nuclear tax, extension of lifetime nuclear power plants

Languages: Dutch, English, French

Curriculum


Work experience

  • 09/2008 - ...: Lawyer / Counsel - Janson
  • 11/2007 - 08/2008: Company Lawyer / Tax Officer - BNP Paribas Securities Services

Education

  • 2001 - 2007: Master in Law, Vrije Universiteit Brussel

Publications


Articles

  • COVID-19: verlenging van de termijnen en schriftelijke behandeling voor de hoven en rechtbanken, Blog Janson, april 2020

Conferences

  • Closed distribution systems, heat networks and collective self-consumption, 11 januari 2019
  • Nouveaux défis de la politique énergétique, Conference on the New Challenges of the Energy Policy, Flemish Renewable Energy Market “Vlaamse hernieuwbare energiemarkt”, International Faculty of Executives, 6 oktober 2015
  • Gewijzigd steunregime voor hernieuwbare energie, Conference on Energy law in Flanders Region, International Faculty of Executives, 26 november 2013 (voorzitter en spreker)
  • Transposition en Flandre du 3e Paquet et nouveaux pouvoirs de la VREG : quelles évolutions ?, Conference on the Reform of the Energy Market, International Faculty of Executives, 3 mei 2011
  • International Treaties on Insurance and Liability related to Nuclear Accidents, Conference on Nuclear Energy in Europe, Associated Nuclear Energy Consultants, 23 november 2009
Contact

Brussels: + 32 2 675 30 30
Nivelles +32 67 21 79 95
Ghent: +32 9 240 77 20
Mons: +32 65 22 10 00
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