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Project finance

In general, the story in project finance in Spain has been much the same as the previous year. The keenest area of activity is renewable energy, but the sector continues to be an area of much uncertainty due to the continuing discussions over the country's feed-in tariffs. "We've seen an initial slow down in project finance due to regulatory changes, a certain turmoil in relation to renewable energy," says one partner.

The main change relates to the guaranteed rate investors will get for the power produced from their projects. "It has limited the number of hours of production, and second it has further limited for the first three years – as from the date of establishment of the Royal Decree Law – the set number of hours," explains another partner. As a result firms are finding themselves providing a lot of advice to clients trying to familiarise themselves with the new regime. "We have done a lot of opinions and reports related to the activities of the new regulation from the government, this has very much affected the financing of the projects," says another projects lawyer. This uncertainty it is feared will reduce future investment in the sector. "At the end, the regulation will need to be much clearer, otherwise the lenders are going to be reluctant to put money in," says another partner.

Outside of energy, infrastructure projects remain few and far between and are often small regional initiatives. "We have seen very few really big projects in the last year, they're more small-and-medium sized projects - roads, railways, hospital, most of them sponsored by the regional government," explains one partner. "Spain is suffering a crisis right now that means the federal government here putting less money into big projects, so my expectation is that probably next year, we are not going to see many big projects," says another.

This reluctance has led to investors seeking alternative forms of financing from a variety of different sources in order to obtain the capital needed. "The general market trends, well, it is more complex now, the banks are making it more difficult because they are not financing projects, so that means the ratio has decreased," says one practitioner. "The sort of warrant that the companies need to win in the project is higher, the reality is very few projects are pure project finance projects."

Project bonds may well be one form, which may be explored. Although they are still finding their feet in Europe, Spain would seem an ideal testing ground.

Garrigues

Garrigues no doubt has a strong market presence in project finance and peers recognise the firm's focus and track record. However the practice suffered a blow in September 2011 when lead partner José Guardo left to join Clifford Chance.... [more]

Uría Menéndez

Uría Menéndez retains its place this year, with the market in agreement that the firm is still a market leader. "Garrigues and Uría are fine, they're everywhere.... [more]

Leading lawyers
Carlos de Cárdenas Smith
Emilio Díaz Ruiz
Juan Martín Perrotto

Clifford Chance

Clifford Chance pulled off quite a coup in September 2011 when it hired José Guardo from Garrigues. Guardo, who is listed as a leading lawyer, will no doubt boost the team's capacity.... [more]

Leading lawyers
José Manuel Cuenca
Carlos Hernández-Canut
Alberto Manzanares

Cuatrecasas Gonçalves Pereira

Leading the Cuatrecasas Gonçalves Pereira team on the project finance side is Fernando Bernad. One outstanding transaction saw him advise on the amendment of the financing in relation to the construction, operation and maintenance of the highway Rutas del Pacífico in Chile.... [more]

Leading lawyers
Fernando Bernad
Rafael Mínguez

DLA Piper

A couple of peers suggested that DLA Piper's capacity in project finance is not comparable to other high-ranking firms, as one says: "They don't have that much practice in project finance," while another adds: "I would drop DLA Piper, because they've more banking work, but I don't see them doing much project finance work." The above reasons see the firm drop to tier three.... [more]

Allen & Overy

Allen & Overy according to its peers is considered to be more active in the banking area than in projects, but the team still works on some notable deals.

On the infrastructure side, partner Juan Barona led the team advising a bank syndicate of 18 credit entities on the €491 million debt refinancing of Autopista del Sol Concesionaria Española (Ausol).... [more]

Ashurst

Ashurst advised on a number of project finance mandates last year. Leading the team is partner Gonzalo Jiménez-Blanco who advised TP Ferro, a concessionaire of the high speed railway link between Spain and France, on the restructuring of the project financing provided by a syndicate of banks, led by BBVA, Banesto, Caja Madrid, ING and RBS.... [more]

CMS Albiñana & Suárez de Lezo

CMS Albiñana & Suárez de Lezo has involved in a number of infrastructure projects. One example saw José Antonio Rodríguez and Abraham Nájera led the team advised La Caixa on the financing of the construction and exploitation of the Alicante General Hospital car parking.... [more]

KPMG Abogados

KPMG Abogados absorbed Madrid-based commercial boutique Castro Sueiro & Varela Abogados last year and integrated the firm's 26 lawyers into its Madrid office. Previously Castro specialises in commercial issues, renewable energy and infrastructure projects, elsewhere its expertise also include shipping and asset finance.... [more]

Freshfields Bruckhaus Deringer

The leading project finance partner at Freshfields Bruckhaus Deringer is Iñaki Gabilondo who advised on most of the firm’s project finance mandates. In the renewable energy sector, Gabilondo acted for HSH Nordbank London branch on the amendment of the financing of two photovoltaic plants located in Manzanares and Herrera, sponsored by Epuron Spain, Clean Energy Investment I and Clean and Green Energy Investments.... [more]

Herbert Smith

Herbert Smith has had a fruitful year in renewable energy, natural resources and infrastructure projects. Miguel Riaño and Marta Sánchez Villalta teamed up advising Caixa, Banesto and other lenders on the project financing of a 50MW biomass plant in Andalucía sponsored by ENCE.... [more]

Ramón & Cajal

Last year the Spanish team advised Ibereolica Moron who acts as the sponsor in the project financing of a 50MW thermosolar power plant Moron de la Frontera-Sevilla in Spain. The mandate was led by Javier Menchén and Álvaro Barro.... [more]

Watson Farley & Williams

In the renewable energy sector, a team of lawyers from Watson Farley & Williams, including Joaquín Sales, Ignacio Borrego, Borja Oxangoiti and Yasmina Frasquet, advised Banco Santander and BBVA on the financing of three wind farms sponsored by Endesa.

Elsewhere Sales and Oxangoiti teamed up to advise Bank of Tokyo Mitsubishi on the financing of a photovoltaic project in Tenerife in Spain, the amendment of feed-in tariffs has resulted in significant changes in the financial model which adds complexity to the transaction.... [more]

Linklaters

The project finance team at Linklaters is led by Pedro de Rojas and Diego Recondo.

While financing work in the Iberian peninsular has been relatively low on the ground, the firm has made good use of its international network to engage its Madrid based partners on cross border mandates.... [more]

See also

Spain
Western Europe

Practice areas

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