Regulated Sectors · Sub-area
Energy and Hydrocarbons Lawyers in Spain
Law 24/2013, Law 34/1998, the CNMC. Installation authorisations, electricity grid access, energy retailers, defence in the regulator's sanctioning proceedings, and advice on self-consumption, energy communities and green hydrogen.
The legal framework of Spain's energy sector
The energy sector is the most intensively regulated sector in Spain. Two major laws structure the system: the Electricity Sector Act (Law 24/2013), which regulates the generation, transport, distribution and retail of electricity, and the Hydrocarbons Act (Law 34/1998), which regulates natural gas, oil refining and fuel distribution. These are complemented by RD 1183/2020 on access and connection to electricity grids, RD 244/2019 on self-consumption, and the Climate Change and Energy Transition Act (Law 7/2021).
The CNMC (National Markets and Competition Commission) is the main regulator for both sectors. With sanctioning powers, the ability to resolve disputes between market players, and the power to issue binding circulars, its decisions have an immediate impact on business activity. Appeals against its decisions are filed before the National Court.
The sector's complexity — State, regional and European regulation, plus the regulator's own circulars — makes specialised legal assistance decisive both at the market-entry stage and in day-to-day regulatory management and defence in sanctioning proceedings.
| Rule | Matter regulated |
|---|---|
| Law 24/2013 | Electricity Sector Act — regulates the generation, transport, distribution and retail of electricity. |
| Law 34/1998 | Hydrocarbons Act — regulates natural gas, oil refining, storage and fuel distribution. |
| RD 1955/2000 | Regulates the transport, distribution, retail, and supply activities and authorisation procedures for electrical installations. |
| RD 1183/2020 | Access and connection to electricity transport and distribution grids. Administrative milestones for renewable installations. |
| RD 244/2019 | Administrative, technical and economic conditions for electricity self-consumption. |
| Law 7/2021 | Climate Change and Energy Transition Act — 2050 climate neutrality, 2030 renewable targets, coal phase-out. |
| RD 376/2022 | Sustainability criteria for renewable fuels of non-biological origin (green hydrogen and derivatives, RFNBO). |
Services in the energy sector
Six areas of advice
Legal coverage in the six disciplines with the greatest regulatory impact for companies operating in the electricity sector, natural gas and emerging energies.
Installation authorisations
Prior administrative authorisation (AAP), construction authorisation and operating authorisation before MITECO or the competent region depending on capacity. Special regime for renewables and ordinary regime for electrical installations. Amendments and renewals of current authorisations.
Grid access and connection
Access and connection permit applications before REE (transmission grid ≥220 kV) and zonal distributors (distribution grid). Challenging rejection decisions before the CNMC. Judicial review before the National Court. Managing compliance with RD 1183/2020 milestones.
Electricity and gas retailers
Licensing as a retailer: registration with the MITECO Register, operating guarantees and MIBEL access conditions. Supply contracts and consumer rights (RDL 1/2019). Periodic reporting obligations to the CNMC. Defence against penalties for anti-competitive practices or reporting breaches.
Defence before the CNMC
Representation in sanctioning proceedings for breaches of Law 24/2013 or Law 34/1998: breach of consumer rights, non-compliance with third-party grid access obligations, anti-competitive practices, or non-compliance with regulator decisions. Appeals before the National Court and, where applicable, the Supreme Court.
Self-consumption and energy communities
Individual and collective self-consumption (RD 244/2019): designing the sharing agreement, notifying the distributor, simplified compensation. Setting up and governing renewable energy communities (RECs) under the transposed RED II Directive (2018/2001) and the IEM Directive (2019/944). Governance models and intra-community contracts.
Green hydrogen
Green hydrogen's regulatory framework (RD 376/2022, RFNBO criteria). Processing production and storage authorisations. Gas grid access for hydrogen or renewable gas injection. Support mechanisms: the EU Hydrogen Bank, PERTE Green Hydrogen grants. Legal structuring of pioneering projects under the singular authorisation regime.
Law 24/2013 · Law 34/1998
The energy sector's sanctioning regime
The energy sector has one of the most severe sanctioning regimes under Spanish law. The amounts differ depending on the sub-sector and the type of infringement.
Electricity sector — Law 24/2013
| Type | Fine amount | Limitation period | Examples of infringements |
|---|---|---|---|
| Very serious | €3,000,001 – €60,000,000 | 5 years | Market price manipulation, serious breach of grid access obligations, unauthorised supply. |
| Serious | €150,001 – €3,000,000 | 3 years | Breach of reporting obligations to the CNMC, breach of consumer rights, non-compliance with regulator decisions. |
| Minor | Up to €150,000 | 1 year | Delays in submitting periodic reports, formal defects in supply contracts, minor breaches of regulatory obligations. |
Gas sector — Law 34/1998
| Type | Maximum amount | Limitation period |
|---|---|---|
| Very serious | Up to €6,000,000 | 5 years |
| Serious | Up to €600,000 | 3 years |
| Minor | Up to €60,000 | 1 year |
In addition to fines, the CNMC can impose a suspension of activity of up to 5 years and revoke the authorisation for very serious infringements. Sanctioning decisions can be appealed before the Administrative Chamber of the National Court.
RD 244/2019 · RED II Directive · IEM Directive
Self-consumption and energy communities
Individual and collective self-consumption
Royal Decree 244/2019 distinguishes between self-consumption without surplus (the installation does not feed into the grid) and self-consumption with surplus (the installation can feed unconsumed energy into the grid). In the collective model, several consumers in the same building or within 500 metres in the same municipality share the energy generated by a shared installation.
For installations up to 100 kW, simplified compensation allows the value of the self-consumed energy to be deducted directly from the electricity bill, with no need for a surplus sale contract. Larger installations require a contract with a retailer.
Dobarro y Asociados advises on designing the sharing agreement between participants, notifying the distributor, accreditation before the distributor, and managing any disputes over the distribution of the generated energy.
Renewable energy communities (RECs)
Renewable Energy Communities (RECs) are membership-based legal entities that bring together citizens, SMEs, municipalities and other bodies to produce, share, store and sell renewable energy. Their regime derives from the transposition of the RED II Directive (2018/2001) and the IEM Directive (2019/944).
The rights recognised for RECs include:
- Owning nearby renewable generation installations
- Sharing the energy produced among members without transfer of ownership
- Accessing the distribution grid on equal terms with other users
- Receiving economic compensation for energy fed into the grid
- Being exempt from certain system charges for self-consumed energy
We advise on setting up the REC, its articles of association, the governance model, intra-community contracts, and the relationship with distributors and retailers.
RD 376/2022 · IDAE Hydrogen Strategy
Green hydrogen: an emerging regulatory framework
Green hydrogen, produced through electrolysis powered by renewable energy, is a strategic energy vector for decarbonising industry and heavy transport. Spain has a target of 4 GW of electrolysers by 2030 under the IDAE Hydrogen Strategy, with a geographic position and renewable resources that position it as a candidate net exporter within the EU.
The regulatory framework is built around Royal Decree 376/2022, which sets out the sustainability criteria for hydrogen to be certified as renewable (RFNBO). These criteria — additionality of the renewable installation, temporal correlation and geographic correlation — determine the hydrogen's eligibility for European and national support mechanisms.
Green hydrogen projects are currently processed under a singular authorisation regime that combines authorisation of the electrolysis installation (as an industrial facility), access to renewable energy, and management of the hydrogen produced through storage, road transport or, where volume justifies it, injection into the natural gas grid or dedicated hydrogen infrastructure.
The regulatory framework is incomplete
Specific regulation of green hydrogen in Spain is still under development. There is not yet a comprehensive regulation for storage, transport and grid injection. Pioneering projects must manage regulatory uncertainty from the start of processing.
RFNBO criteria: the key to eligibility
To access support mechanisms (the EU Hydrogen Bank, PERTE Green Hydrogen), hydrogen must meet the RFNBO criteria of RD 376/2022: additionality of the renewable source, temporal correlation (monthly in 2027, hourly from 2030) and geographic correlation (same bidding zone).
Gas grid injection: gas network operator authorisation
If the hydrogen is injected into the natural gas grid (blending or pure injection), authorisation from the gas network operator is required, along with compliance with gas quality limits (UNE-EN ISO 6976 standard and Enagas specifications).
“The CNMC opened proceedings against our retailer over an alleged billing breach. Dobarro reviewed the charges, identified a defect in the inspection procedure, and secured the annulment of the proposed penalty before the final decision.”
— Compliance Director, electricity retailer · Spain
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Free ConsultationFrequently asked questions about energy law in Spain
What is the CNMC and what powers does it have over energy companies?
The National Markets and Competition Commission (CNMC) is Spain's independent energy sector regulator, with jurisdiction over electricity (Law 24/2013) and gas (Law 34/1998). It can investigate and decide sanctioning proceedings, impose fines, suspend activities, revoke authorisations and issue binding circulars. Its decisions can be appealed before the National Court.
What are the most serious penalties the CNMC can impose in the electricity sector?
Under Law 24/2013, very serious infringements are punished with fines of between €3,000,001 and €60,000,000. The CNMC can also order a suspension of activities of up to 5 years and revoke the authorisation. Serious infringements: €150,001 – €3,000,000. Minor infringements: up to €150,000. Limitation periods: 5, 3 and 1 year respectively.
What is collective self-consumption and what regulation governs it?
Collective self-consumption, regulated by Royal Decree 244/2019, allows several consumers to share the energy generated by a single nearby installation. For installations up to 100 kW in the same building or within 500 metres in the same municipality, sharing is formalised through an agreement and notification to the distributor. Simplified compensation deducts self-consumed energy directly from the electricity bill.
What obligations do electricity retailers have in Spain?
Retailers are licensed by registering with MITECO's Register of Retailers. Their main obligations are: purchasing energy on MIBEL or through bilateral contracts, guaranteeing supply, respecting consumer rights (RDL 1/2019), regularly reporting prices and contracts to the CNMC, and paying the guarantees required by the system operator. Breach of reporting obligations is the most frequent cause of sanctioning proceedings.
What is the legal framework for green hydrogen in Spain?
Green hydrogen is governed by RD 376/2022, which sets out the sustainability criteria for renewable fuels of non-biological origin (RFNBO). The IDAE Hydrogen Strategy sets a target of 4 GW of electrolysers by 2030. Projects require authorisation of the electrolysis installation, management of the hydrogen produced (storage, transport), and, if injected into the gas grid, authorisation from the network operator. The regulatory framework is still developing: pioneering projects are processed under a singular authorisation regime.