Hydrogen

Our Hydrogen team has decades of experience in both the traditional and renewable energy and chemical sectors. Our experts are deeply involved in EU and domestic administrative and environmental regulation and enforcement. They are specialists in their fields who closely co-monitor developments in the overarching hydrogen debate. This approach enables them to deliver the pragmatic and up-to-date legal advice relevant for our clients' business operations and partnerships. In doing so, our team not only assesses the risks but also uncovers the vast opportunities that lie ahead of us on our journey towards sustainable change.

Our experts work with clients and the wider sector from the conviction that a low-carbon future requires the full support and an active stance from governments, financiers and entire industries. From the belief that as Europe is moving to highest gear in its ambition to get to 'net zero' greenhouse gas emissions by electrifying its economy, there will be a leading role for hydrogen. They see the opportunities that lie in the existing infrastructure and available technical expertise in Belgium and the Netherlands. At the same time, they understand that a growing and developing sector – in many jurisdictions without rules and regulations specifically tailored to hydrogen – comes with complex challenges, new policies and constant change. In this emerging ecosystem, the team delivers value by enabling new solutions and fostering innovative cooperation to propel the sector and its pioneers forward.

With our comprehensive service model and expertise in the energy transition, we support our clients at every step of their hydrogen journey. Our team brings extensive experience in all relevant areas of law, and provides comprehensive advisory and litigation services, particularly in regulatory matters such as the EU Emissions Trading System (EU ETS), the EU Carbon Border Adjustment Mechanism (CBAM), health and safety, and environmental regulation.

Our expertise extends to specific hydrogen-related regulations, including but not limited to the new gas and decarbonisation package, hydrogen financing and subsidy opportunities and mechanisms, as well as concomitant issues such as carbon capture, utilisation, and storage (CCUS). Our advisory services cover a wide range of areas including subsidies, real estate transactions, tax implications, ESG contracting, and permitting. Whether it is contract negotiation, due diligence, regulatory compliance, or strategic advice, we provide expert assistance to ensure a smooth path to achieving your business objectives.

• We have assisted Technip Energies (BEL) in the negotiations with John Cockerill in respect of the creation of a new joint venture that offers integrated end-to-end hydrogen solutions for industrial and utility scale projects.
• We participated in the public consultation 'Organisation of the Dutch Hydrogen Market' by the Dutch Ministry of Economics and Climate.
• We assisted Nobian with the separation of its green hydrogen business by way of a legal de-merger into a stand-alone company.
• We guided Nobian in setting up a joint venture with Macquarie's Green Investments Group to form a leading industrial green hydrogen player: the Hydrogen Chemistry Company (HyCC).
• We are advising the HyXchange initiative launched by the Port of Rotterdam, Gasunie and others, which aims at certifying hydrogen in the Netherlands.
• We assisted Vopak in acquiring a stake in Hydrogenious GmbH, a company that produces and sells process-technology equipment for the storage and delivery of hydrogen and energy storage materials.
• We advised as sole joint counsel to Air Liquide, Daimler, Shell, OMV and Total on the H2M initiative on the setting-up of a hydrogen refuelling station infrastructure in Germany.
• We assisted Neste with commercial contracting and regulatory support for long-term blue hydrogen offtake agreements with connections to the Porthos CCS system in Rotterdam.
• We assisted Gunvor on among others, its divestment of a stake in its Rotterdam based terminal to Global Energy Storage (GES).
• We advised CrossWind, a consortium of Shell and Eneco as project counsel with the structuring (incl PPA) successful tender for the HKN offshore wind farm.
• Our role as project counsel for Engie and Uniper when we advised their 'ROAD 2020' joint venture on the structuring and all project related agreement for the first large scale CCS project in Europe for which a 300 million Euro subsidy was granted.

• Clients appreciate that Jens Mosselmans "is easily reachable and works with the client with a view to rendering hands-on and practical advice." They find it "a real pleasure to work with the team", with particular mentions for Jens who is "very responsive and to the point" and Stef Feyen "with his in depth knowledge."
  The Legal 500, 2023
• Clients appreciate Harm Kerstholt's "strategic, commercial and legal support in various projects", adding "It has always been a great comfort to have him on board, not only because of his broad experience and legal expertise, but by the way in which he breaks down complexity, and his highly effective negotiating skills.”
  Chambers Europe, 2022
• Harm is also listed as one of the 10 most innovative legal practitioners in the 2020 FT Innovative Lawyers Report for his efforts to integrate ESG principles and soft laws into his energy practice. 
• Iris Kieft "is a very technical and skilled lawyer” who regularly advises clients on energy and carbon storage related matters. She is widely recognised for her reputation in the planning and environment space.
  Chambers Europe, 2022 
• "Very pleasant and commercially astute." Lisa Schoenmakers has been praised for her impressive involvement in complex transactions concerning energy and natural resources, with clients praising that “her hard work is evident as she is capable of delivering under pressure.”
  Chambers Europe, 2022 
• About David Wumkes and his team: “Lawyers and civil law notaries that combine leading expertise with an unparalleled breadth and depth of experience.”
  Chambers Europe, 2022
• Gaike Dalenoord is "very good with clients" and has "gravitas in the market." He is "very smart, commercial and extremely responsive."
  Chambers Europe, 2016 

Please find more information about the Hydrogen team in our factsheet.