Kirsten Berger
Advocaat | Partner
Languages
Dutch
English
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Kirsten specialises in energy law and has extensive experience in the energy and industrial sector. She acts as counsel to various energy companies and industrial companies in respect of projects, transactions, commercial contracts, joint ventures, regulatory and financial matters.
As a true sector specialist she has an extensive track record in respect of:
- projects and project development including wind parks (onshore and offshore), power plants, gas exploration and production and industrial plants (e.g. steam or hydrogen plants, LNG terminals, pipelines etc.);
- M&A transactions including controlled auctions for wind parks, interests in offshore gas fields and pipelines, industrial restructurings and private M&A transactions in the sector;
- commercial contracting including power purchase agreements (including corporate PPA's), (industrial) gas supply agreements (including natural gas, steam, hydrogen, nitrogen etc.), transport and storage agreements, tolling agreements and refinery gas agreements utilities agreements (including water and heat);
- joint ventures in relation to wind parks, power plants, upstream gas projects and for innovative projects such as a waste to chemicals project;
- regulatory matters including connection and transportation issues, third party access, gas quality matters, program responsibility and balancing, CO2 emissions trading, SDE subsidy aspects and EU Energy Regulations;
- real estate aspects including pipeline issues and lease and ownership aspects.
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Ranked in Tier 1Chambers Europe, Energy & Natural Resources: Transactional (2024 Edition) -
“A client mentioned: 'we worked with Kirsten, she is very very good at her work, very experienced, knowledgeable and quick. In her approach she is wonderful, I would highly recommend her'.”Chambers Europe, Energy & Natural Resources: Transactional (2024 Edition)
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Ranked in the Hall of Fame
Legal 500, Energy: Transactional (2024 Edition) -
Tier 1Chambers Europe, Energy & Natural Resources: Transactional (2023 Edition)
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"A client says 'Kirsten is a sharp and strong negotiator'."Chambers Europe, Energy & Natural Resources: Transactional (2023 Edition)
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Leading IndividualLegal 500, Energy: Transactional (2023 Edition)
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"One client describes Kirsten as 'very clear in their suggestions and explanations. Quick and clear answers. Very detailed revisions and recommendations. High collaboration and involved with the teams and project'."Legal 500, Energy: Transactional (2023 Edition)
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“Kirsten Berger is recognised by a client as ‘very calm and knowledgeable in both energy and underground storage, with top-class commercial skills’.”Chambers Europe, Energy & Natural Resources: Transactional (2022 Edition)
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Leading IndividualLegal 500, Energy: Transactional (2022 Edition)
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“Kirsten Berger is available, commercially savvy and technically excellent.”Legal 500, Energy: Transactional (2022 Edition)
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“A client reports: ‘Kirsten Berger is an excellent negotiator and provides clear analysis on complex matters’.”Legal 500, Energy: Transactional (2022 Edition)
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RecommendedChambers Europe, Energy & Natural Resources: Transactional (2021 Edition)
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RecommendedLegal 500, Energy: Regulatory (2021 Edition)
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Leading IndividualLegal 500, Energy: Transactional (2021 Edition)
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“She really owns the matter and shapes the approach in a practical way. She’s very smart and great fun to work with.’”Chambers Europe, Energy & Natural Resources: Transactional (2020 Edition)
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Leading IndividualLegal 500, Energy: Transactional (2020 Edition)
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“Kirsten Berger is offering a broad range of skills for complex structuring, deals and negotiations.”Legal 500, Energy: Transactional & Regulatory (2020 Edition)
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“The team is led by Kirsten Berger who stands out as one of the best in her field. She is a clear expert. Sharp, practical and very professional. She delivers and clearly enjoys working her magic. I would strongly recommend her to any multinational with a challenging sustainable energy transformation agenda.”Legal 500, Energy: Transactional (2020 Edition)
QUALIFICATIONS & EXPERIENCE
- LL.M. Civil Law (Leiden University)
- LL.M. Tax Law (Leiden University)
- LL.M. Notarial Law (Leiden University)
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Advised Titan, a leading independent liquified biomethane (LBM/bio-LNG) and LNG supplier to the maritime and industrial sectors, on a successful funding round leading to InfraVia obtaining (through one of its investment vehicles) a 45% equity stake in Titan.
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Advised the (future) 50/50 joint venture between Sasol and Topsoe on the establishment and signing of a joint venture agreement solidifying both parties' commitment to produce sustainable aviation fuels (SAF) and contribute to global efforts in combating climate change.
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Advised Hydro Energi on its Series A investment in E-Magy B.V., a Dutch silicon battery scale-up.
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Advised VARO Energy BV on its acquisition of 80% of the shares in Bio Energy Coevorden BV, one of the largest biogas manufacturers in Europe.
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Advised a subsidiary of DCC plc on its acquisition of all the shares in PVO International B.V. (PVO).
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Advised Porthos Development C.V. on the transfer by TAQA to Porthos of a mining installation and related permits for the storage of CO2 in empty gas fields in the North Sea.
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Advised and acted for Huntsman, successfully defending against claims brought by Ducor Petrochemicals in (appeal) proceedings before the Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven) regarding regulatory issues relating to Huntsman's closed distribution system for electricity.
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Advised Industrialization and Energy Services Company (TAQA) on the acquisition of all shares in Tendeka B.V. from Shell.
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Advised CGN Europe Energy SAS on its sale of all shares in Windpark De Hondtocht B.V. and Oldebroekertocht B.V. to the group companies of Pure Energie B.V.
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Advised Van Oord Renewable Finance B.V. on the sale and transfer of its (approx.) 10% stake in Blauwwind Management II B.V. and Blauwwind Management II C.V. to a fund advised by Luxcara.
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Advised Kistos Plc. on its proposed de-SPACing acquisition of the entire share capital of Tulip Oil Netherlands B.V. from Tulip Oil Holding B.V.
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Advised the Nuclear Research and Consultancy Group Foundation (NRG) on the sale of its 100% interest in ECN Wind Energy Facilities B.V. and its 50% indirect interest in ECN Windturbine Testpark Wieringermeer C.V. to CIC EWEF B.V., the newly established Dutch subsidiary of Connected Infrastructure Capital GmbH (CIC).
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Kirsten advised various parties (including Dong, Eneco, Northland and Gemini) in respect of offshore and onshore wind projects, as well as solar projects (including SEGRO in respect of the construction of a solar project).
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Kirsten advised several large European energy companies (including Uniper and Engie) in respect of various projects and contracting/regulatory matters regarding gas capacity, gas quality and LNG.
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Kirsten advised a confidential client in respect of several corporate PPA's with wind and solar parks.
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Kirsten advised Air Liquide in numerous matters including construction projects (such as the Pergen cogeneration project on the Shell Pernis site in Rotterdam and the construction of a hydrogen plant in Rotterdam), numerous long-term supply agreements in respect of industrial gases and utilities, M&A transactions, joint ventures (e.g. in relation to cogeneration plants and CCS development) and pipeline matters.
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Kirsten advised various sponsors in respect of the construction and operation of newly built gas-fired power plants, including EDF in respect of the Sloe power plant (870 MW, owned and operated by a joint venture between EDF and PZEM) and Eneco in respect of the Enecogen power plant (870 MW, owned and operated by a joint venture between Eneco and Dong).
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Kirsten advised various parties in respect of their acquisition or divestment of off-shore gas field interests and/or offshore pipelines such as NGT.
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Kirsten advised various clients in respect of the acquisition of retail motorway stations, including NRGValue in respect of its acquisition of more than 100 ExxonMobil retail stations in the Netherlands.
