Energy Law

The energy sector in the Republic of Croatia is governed by a complex and evolving regulatory framework, comprising numerous statutes, including the Energy Act, the Electricity Market Act, the Gas Market Act, the Thermal Energy Market Act, the Oil and Petroleum Products Market Act, the Energy Activities Regulation Act, the Renewable Energy Sources and High-Efficiency Cogeneration Act, the Hydrocarbons Exploration and Production Act, as well as extensive secondary legislation.

Pursuant to the Energy Development Strategy adopted on 28 February 2020, Croatia is committed to fostering capacity development at both regional and local levels, significantly increasing the share of renewable energy sources, and advancing a number of ambitious projects, many of which are co-financed by the European Union.

Croatia offers substantial potential for the development of renewable energy, particularly in solar and wind. However, investors continue to face material challenges, including access to project finance, complex administrative procedures, legislative uncertainty and other structural constraints.

In such an environment, the successful development and implementation of energy projects requires not only a thorough understanding of the applicable legal framework, but also a pragmatic and commercially oriented approach to risk allocation, regulatory compliance and stakeholder management.

We advise investors, developers, lenders and other participants across the full lifecycle of energy projects, including in particular:

  • structuring and establishment of project companies and joint venture arrangements

  • regulatory and permitting strategy, including representation before competent authorities and regulators

  • legal support in public tenders, concessions and public-private partnership structures

  • drafting and negotiation of key project documentation, including EPC, O&M, PPA and financing agreements

  • due diligence of land rights, grid access and regulatory compliance

  • advice on incentives, subsidies and renewable energy support schemes

  • representation in administrative, court and arbitration proceedings arising out of energy projects

Given the regulatory complexity and commercial sensitivity of energy investments, our approach is focused on delivering clear, actionable and business-oriented legal advice tailored to each stage of the project.

 

We are a trusted adviser to investors and developers on high-value renewable energy projects in Croatia, delivering strategic, end-to-end legal support across the full project lifecycle.

    • Advising on the establishment and structuring of project companies, including support with initial set-up, corporate logistics and other preparatory activities necessary for project implementation

    • Drafting articles of association and internal corporate documentation required for the commencement of operations, including governance frameworks, shareholder arrangements and compliance policies

    • Advising on and implementing mergers, acquisitions and corporate reorganisations of companies operating in the energy sector, including cross-border transactions and group restructurings

    • Representing clients in permitting and licensing procedures before competent public authorities and regulators, including the coordination of multi-stage approval processes and strategic management of regulatory timelines

    • Advising investors on applications for public tenders, including preparation of tender documentation, compliance review and interaction with contracting authorities

    • Providing legal support in the structuring, negotiation and award of concession agreements, including advice on regulatory requirements, risk allocation and long-term project viability

    • Advising on the development and implementation of public-private partnership (PPP) structures, including project structuring, procurement processes and contractual frameworks between public authorities and private investors

    • Reviewing and ensuring compliance of project documentation with Croatian law and applicable European Union regulatory frameworks, including sector-specific energy regulations and permitting requirements

    • Advising on regulatory engagement and ongoing relations with the Croatian Energy Regulatory Agency (HERA) and the Croatian Energy Market Operator (HROTE), including licensing, approvals and participation in energy support schemes

    • Conducting due diligence of land registry and cadastral records in relation to ownership and other rights in rem, including easements and related encumbrances, and advising on the legal structuring of land use rights for energy projects

    • Representing clients in administrative disputes against public authorities, including challenges to regulatory decisions, permitting outcomes and other administrative acts

    • Representing clients in court and arbitration proceedings arising out of energy-related contracts, including EPC, PPA, concession and other project agreements

    • Advising on and representing clients in proceedings initiated under the Energy Charter Treaty (ECT), including investor-State disputes and related arbitration proceedings

Are you looking for legal support in energy law matters in Croatia?

 

With our experience in the energy sector, we are well equipped to assist you in all your energy law needs in Croatia - get in touch.

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