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Practice Experience
Jacques Bouillon, partner in the Energy, Infrastructure, Project and Asset Finance group of the Paris office, has 20 years' international experience in public and construction law, in particular in project financing in civil law countries. He advises public entities, governmental and local authorities, municipalities, international financial institutions (such as the International Finance Corporation (IFC)), banks, sponsors and concessionaires for public works and services.
Jacques' project finance experience includes BOT, PPP and concession projects in various sectors and, in particular, road and railway transportation infrastructures, energy (production and distribution), water, oil and gas conveyance infrastructures, ports, airports and urban transportation and telecommunications.
Some of Jacques' recent representative transactions include:
- Advising a consortium composed of Atlantia (Autostrade per l'Italia) and six of its partners, from its group of key suppliers, for the design, construction, financing and operation of a new tolling system, "Ecotaxe", for experimentation to be first implemented in Alsace and subsequently implemented all over France for the heavy weight vehicles using the French national road network. This transaction was awarded "PPP Deal of the Year 2011" by Project Finance International;
- Advising the lenders for the financing of the project company formed by the winning bidder consortium led by Vinci Concessions, in connection with the construction, development and maintenance of the high speed railways between Tours and Bordeaux in France. This is one of the most complex infrastructure financing to date, involving State and state-owned entities guarantees, commercial bank debt, EIB financing (including a LGTT tranche) and the French CDC long term financing. The amount of the financing was in excess of €8 billion. This transaction was awarded "Rail Deal of the Year 2011" by Project Finance International;
- Advising the Moroccan Agency for Solar Energy (MASEN) in connection with the development of the first solar power complex near the city of Ouarzazate, including concessional funding and private sector participation. The complex shall comprise one or more solar power plants with an aggregate capacity of 500MW to be commissioned by 2015;
- Advising the project company formed by Eiffage in its offer to the Republic of Senegal for the concession, financing, building and operation of a toll motorway in Dakar, Senegal and then for the multi-source financing of the project, including: three development bank financings (IFC, BAD and BOAD) and a commercial bank financing (CBAO). This transaction was named "African Transport Deal of the Year 2010" by Project Finance Magazine;
- Advising the lenders in connection with the financing of a toll bridge to be built in Abidjan, Ivory Coast, by a subsidiary of Bouygues, pursuant to a concession contract. The amount of the financing was in excess of €205 million.
- Advising the lenders for the financing of a project company formed by a consortium composed of Colas Sud-Ouest, SCREG Sud-Ouest, SPIE Batignolles, NGE, EGIS Project, HSBC European Motorway Investments 1 and DIF Infrastructure II BV in connection with the financing, construction and operation of the A63 motorway between Salles and Saint-Geours-de-Maremne in France. The amount of the financing was in excess of €940 million;
- Advising Natixis, Santander, ING, Fortis and Helaba, as lenders, in connection with the design, construction, financing and operation of the A65 motorway in France, by Eiffage. The amount of the financing was in excess of €935 million;
- Advising Carthage Cement in connection with the conception, construction, operation and maintenance of a 500,800 tones per day cement plant in Djebel Ressas, Tunisia;
- Advising the lenders for the financing of the construction of the Prado Sud tunnel in Marseille, France, which has been built and operated under a concession agreement, by a consortium composed of Vinci and Eiffage;
- Advising a consortium in connection with the financing and the construction of 60 security centers on the national road network;
- Advising IFC for the privatization, under a concession scheme, of the main port and several airports in Madagascar;
- Advising a consortium of banks comprising Royal Bank of Scotland, ING, Banesto, BVVA and Caja Madrid in connection with the financing of a high-speed railroad line between France and Spain (Perpignan-Figueras) for which Eiffage and ACS Dragados were the grantee. The costs of this project amounted to €532 million and the transaction was named "Deal of the Year 2005" by Jane's Transport and "Railway Finance and Infrastructure Deal of the Year 2005" By Project Finance International;
- Advising Calyon and Natexis on the first PPP financing of four prisons in France. The sponsor was Eiffage and the partnership agreement took the form of a long term leasehold with the French State and the Ministry of Justice;
- Advising Eiffage and other sponsors of the project for the financing and construction of a shadow toll road in Portugal. In particular, Jacques advised the sponsors for the drafting and negotiation of the back-to-back construction contract and the operation agreement entered into by the concessionaire. The costs of this project amounted to approximately €900 million;
- Advising Sogétrel in its negotiations for the construction and management concessions in connection with the high density telecommunications infrastructure for the DORSAL (syndicat mixte d'équipement) joint government and private equipment syndicate for Limousin, the Alsace region, the Hérault department and the Pyrénées Atlantiques department;
- Advising General Electric in its petitions for indemnification, in its capacity as owner and holder of the subordinated securities issued by the grantee, following the invalidation of the debate and vote authorising the granting of the concession for the Boulevard Périphérique Nord (Northern Ring Road) for the city of Lyons; and
- Advising Export-Import Bank in connection with the US$4 billion financing of an oil pipeline between the Chad and Cameroon. The sponsors were Exxon Mobil, Chevron and Petronas. The project was co-financed by International Finance Corporation and commercial banks, these being supported by COFACE. Jacques coordinated all the aspects of Chadian and Cameroonian laws with the assistance of local counsels.
Jacques has also extensive experience in cross-border concessions and the specific issues raised by this type of project. In particular, he advised international institutions, including the IFC and Eximbank in connection with the six billion dollar financing of the Chad Cameroon Pipeline.
Before joining the Paris office of White & Case, he was head of Time Warner France's legal department, and was notably responsible for the negotiation of cable television and video communication network licenses. He was also responsible for the negotiation of a FRF 715 million syndicated loan for the financing of the construction of a cable network involving 253 municipalities in the Rhone department, in France.
In the Générale des Eaux Group in Paris, within the legal department of the Générale de Restauration, a jointly held subsidiary of the Générale des Eaux and the Accor group, he personally drafted and/or negotiated or participated in tender bids prior to the granting or renewal of concessions or long-leases for school cafeteria services for the cities of Villemomble, Asnières, Marseilles, Lyons, Sète, Gap, Neuilly-sur-Seine, Vitrolles, and the Marseilles Public Assistance Program (France).
Bars and Courts
Paris Bar
Education
Specialized Higher Studies Degree and In-house Corporate Legal Counsel Degree, International Business Affairs Section, Université d'Aix-Marseille III, 1986 Graduate Degree in Business Law, Université d'Aix-Marseille III, 1985 Institut de Sciences Politiques, Public Service Sector, Aix-en-Provence, 1984
Publications
Co-author of « Grands Projets d'infrastructure et protection de la biodiversité » (Le Magazine des Affaires n°51 – May 2010). Co-author of « L'Enjeu est de savoir si le projet peut séduire ou non les banques » (BANQUEstratégie n° 211 – January 2004). « Questions à …… Jacques Bouillon, avocat à la Cour, sur les nouveaux contrats de partenariats public privé » (LEXBASE HEBDO n° 115 – April 8, 2004 - Edition AFFAIRES). « Financements d'infrastructures : le PPP, pourquoi ? comment ? » with CDC IXIS, RSM Salustro Reydel, Standard & Poor's and White & Case (Financement/ Petit-Déjeuner BFinance – May 6, 2004) May 11, 2004 – Seminar organised by BFinance, a Website for CFO's: Speech about the new public finance initiative/public private partnerships and the characteristics of PPPs as a new category of French public law contracts. The seminar was developed in response to pending regulations that will have an effect on the financing of public projects and risk-sharing for banks. « L'ordonnance sur les PPP ne lèvera pas toutes les incertitudes sur leur mise en œuvre » (L'AGEFI – June 7, 2004) « Partenariats public privé, les nouveautés de l'ordonnance : questions à … Jacques Bouillon, avocat à la Cour » (LEXBASE HEBDO n° 126 - June 24, 2004 – Edition AFFAIRES) (Réf.: Ordonnance du 17 juin 2004, n° 2004-559, sur les contrats de partenariats). « Commande Publique – Feu vert pour les partenariats public-privé » (L'USINE NOUVELLE – June 24, 2004). « Marchés Publics – Les partenariats public-privé sur les rails » (ECHOS JUDICIAIRES GIRONDINS – June 25, 2004) « Création en France des partenariats privés-publics » (BANQUEmagazine – July-August 2004). Coauthor of "France clarifies public contract law for lenders" (Public-private deals – IFLR October 2004). "France finally provides public procurement law fo rpublic private partnerships" (Privatisation & Public Private Partnership – Review 2005/2006 – EUROMONEY).
Languages
English French
Citizenship
France
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