José María BarriosPartner
José María is a partner head of the firm´s Regulatory practice in the Madrid office. José María was previously a partner in the Regulatory and Compliance department at Deloitte Legal, which he joined in 2018 and where he led the TMT and energy sectors. Prior to that he worked at Clifford Chance, Grupo ACS and Spanish law firm Pérez-Llorca.
His practice area is public law and regulated sectors. Throughout more than 20 years of professional career, José María has developed an ample expertise in public procurement, expropriation, town planning and environmental matters, as well as in a wide variety of regulated sectors such as public infrastructures, transportation, aeronautic, hotel, leisure parks, pharmaceutical, telecommunications, media, sports, entertainment, and especially in the energy sector, where he has advised key players -either public administrations, financing entities, funds or industrial clients- on the regulatory aspects of M&A transactions, financings and re-financings, bond emissions, as well as in the drafting of reports, legal opinions and regulations related to the power, gas and oil sectors.
He is also well known for being an experienced litigator in judicial proceedings of a contentious-administrative nature, related to matters concerning regulated sectors and at the different court levels (including relevant experience at the European Court of Human Rights).
- Ongoing advice on regulatory aspects of M&A and financing transactions for companies operating in regulated sectors - energy, transport, infrastructure, aeronautics, TMT and media, etc. - (due diligence, preparation of sale and purchase agreements, development agreements, common evacuation infrastructure sharing agreements, financing agreements, PPAs, EPC and O&M agreements, etc.).
- Ongoing advice on regulatory aspects in the framework of bond issuance operations for the refinancing of debt of some of the most relevant companies in the energy sector.
- Advising clients, both in administrative and contentious-administrative proceedings, on procedures relating to: (i) challenging sector regulations; (ii) challenging administrative resolutions revoking authorisations for the construction and operation of electricity generation plants using renewable energy sources; (iii) claims for financial liability against public authorities; and (iv) restoring the economic-financial equilibrium in administrative contracts.
- Recurring advice to the main infrastructure companies on various issues related to the award, execution, termination and financing of administrative contracts for the construction and/or operation of different types of infrastructure (motorways, car parks, interchanges, etc.).
- Advising clients on issues related to the regime applicable to obtaining, executing and terminating environmental and urban planning licences, permits and authorisations.
IE Business School, Advanced program in the energy sector, Madrid
IE Business School, Advanced program in town planning and the construction sector, Madrid
Universidad Complutense de Madrid, Law Degree
Publications and media
- Author of the chapter "Legal problems that arise around the electrification of ports", published in the collective work "Anuario de Derecho Administrativo 2022" by Civitas-Thomson Reuters.
- Author of the chapter "Control regime and restrictions applicable to investments in the energy sector", published in the collective work "Regulated Markets 2021" by Tirant Lo Blanch.
- Author of the chapter "Functioning of the new regulatory generation ecosystem after the promulgation of Royal Decree-Law 1/2019 and different problems faced by the sector", published in the collective work "Cuadernos de Energia 2021" by the Spanish Club of Energy (“Club Español de la Energía”).
- Author-coordinator of the chapters "Transmission of public companies" and "Administrative law in transactions", in the work "Memento Transmission of Companies 2021-2022" published by Francis Lefebvre.
- Author of the article "The change of supplier: a challenge that forces energy marketers to review their contracting procedures", published in the prestigious digital media of the energy sector "El Periódico de la Energía".
- Former professor for several years of the master's degree for access to the legal profession at the Autonomous University of Madrid (UAM).
- Former professor for several years of the master's degree for access to the legal profession at the Comillas Pontifical University of Madrid (ICADE).
- Former professor in the sports law master's program at “Instituto Superior de Derecho y Economía (ISDE).
Memberships and Affiliations
- Member of the Madrid Bar Association