Whether in relation to building infrastructure for a major global sporting event – with involved public contract tender procedures and ensuing urban redevelopment projects – or financing district heating systems and their integration into existing infrastructure, cross-sectoral public law expertise is vital for complex and high-profile projects and their success.
With big budgets and government resources available for next-generation public sector facilities such as digital infrastructure and utilities, infrastructure projects on an international and national level involve a broad range of agencies and programmes. Administrative law issues may arise around public tender procedures; for example, the construction and management of social housing, metro railways, ports, sport facilities or hospitals, and government contracts may include special provisions that need to be navigated, such as those relating to equality, diversity and inclusion.
Specialist guidance is crucial when navigating often labyrinthine local, regional, national and cross-border public and administrative law issues
Cross-industry and border navigation
Specialist guidance is crucial when navigating often labyrinthine local, regional, national and cross-border public and administrative law issues that arise from activity that crosses industrial sectors, whether these are in areas such as energy, public utilities, infrastructure, real estate, transport, life sciences, or technology, media and communications. Competition issues might also arise around administrative proceedings and compliance with specific Europe-wide contract rules may be required.
Our clients include suppliers who come to us for strategic support in bidding for contracts, drawing from our extensive tender process experience across a broad range of sectors. Our specialist disputes lawyers provide support and representation in contentious proceedings before national and European courts, the European Commission and national regulators. Authorities and entities awarding public works, services and supplies also often require support for their tender strategies and documents, whilst national and international operators involved in public tenders might seek day-to-day assistance. And with public-private partnerships (PPP) being widely used – including in projects related to energy efficiency, decarbonisation and urban regeneration – and becoming increasingly innovative in areas such as concessions and project financing, expert guidance through the PPP tender procedures is vital.
Public contracts focus
Osborne Clarke's public law team has developed a reputation as an established point of advice and performance of public contracts: we assist both awarding authorities and entities and economic operators on all issues related to their performance, as well as those awarded through PPP schemes.
Our specialist team of public procurement lawyers advises on all aspects of UK, European Union and international regulated public and utilities procurement law. We advise public bodies and regulated utilities on structuring and delivering high-value procurements for contracts across all of our sectors.
We support public utilities, including gas, water, waste, lighting and district heating, and public and private entities to develop high-profile projects connected with public utilities, and we help with documentation to be submitted to public entities in project financing or other PPP procedures. We also provide compliance advice to public entities operating in the public utilities sector and the specific rules applicable to companies owned by public entities.
The CNMC publishes the criteria for determining the prohibition to contract for distortion of competition
The deadline for submitting applications of the programme of inecntives for H2 projects is the end of July
The Public Sector Contracts Law finally welcomes the possibility to revise the price of public sector contracts without exceptions
New Aragonese Decree-Law undertakes an important transposition of regulations not transposed by the State in energy matters and creates the so-called "local consumption"
Approval of the Royal Decree regulating the procedure for the creation and authorisation of closed electricity distribution networks
Good news for contractors in Spain: favourable change in relation to the requirements for reclaiming debts from the public authorities
With fleet operators looking to decarbonise, the "Charging as-a-Service" market is becoming increasingly attractive to project finance lenders who are...
Supported PwC on a range of public procurement matters including a dispute over a multi-million pound Ministry of Defence outsourcing contract.
Advised on secondary market deals in the PPP sector for a variety of infrastructure funds.
Advising on the successful bid for the Met Offices 2020+ Supercomputer procurement.
Vodafone Limited v (1) Secretary of State for Foreign, Commonwealth and Development Affairs and (2) British Council
Acting for the claimant in a challenge to a contract to provide secure overseas communications services for FCDO.
Municipality of Rozzano
Advised in the ambit of the project financing with a value of approx. euro 126 million, for the extension, requalification and management of the Municipality’s district heating system, and the concession for the services of management of the publically-owned electricity plants.
ALER Milano, Azienda Lombarda per l’Edilizia Residenziale
Advised this public body and owner and manager of a stock of public housing in and around Milan, on a series of key works valued at over 800 million Euro aimed at improving of energy efficiency at its properties and plant.
Municipality of Sanremo
Advising in the private initiative project financing relating to the concession for the design, construction, management and operation of the entire "Porto Vecchio" area, an initiative involving an overall investment of approximately Euro 665 million.
Milano Santa Giulia S.p.A
Advising on an estimated 95 million euros of building work including the arena connection infrastructures where many of the 2026 Milan-Cortina Winter Olympic events will take place.
Assisted in the definition of the internal relations between the various companies of the TJV awarded the contract for the design, construction and kit out of the main control room for the metro line in Thessalonica, Greece.
Infrastrutture Recupero Energia Agenzia Regionale Ligure - I.R.E. S.P.A.
Advising on public law issues relating to the organisation and management of the public tender procedure with a value of over 450 million euro for the construction of the new hospital in La Spezia (Liguria)
Assisted the client, manager of the integrated water service in the territory of the Province of Varese, in a financing operation that involved the European Investment Bank as lender. The loan, worth a total of euro 75 million, was granted as part of the Small-Medium Sized Utilities Programme.
Various companies in the water sector
Assistance provided to several companies operating in the management of the integrated water service in the context of contracts financed with NRP resources.
A2A Illuminazione Pubblica S.r.l. and Acinque Tecnologie S.p.A.
Successfully advised in disputes relating to the awarding of project finance procedures for the efficiency and management of the public lighting network in the municipalities of Treviso, Busto Arsizio, Messina and Monza for a total value of euro 136 million.