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Public Law Structuring

Public Law Structuring.

We accompany public authorities as well as German and foreign investors in public law structurings, with which we are familiar from all perspectives. We have vast experience with owner-operated public enterprises and municipalities’ own undertakings, public corporations and public-law institutions and the various public law merger and cooperation models. We draft public law agreements and statutes, provide support in committee supervision such as in meetings of special purpose associations, municipal councils and district assemblies and frequently represent our clients’ issues in such. We possess many years of expertise in the financing, restructuring and the reorganization of institutions governed by public law and have actively helped shaping them. We identify the needs and measures, prepare concepts and schedules, create and serve on project committees and assume the project management upon request.

If private law structures are selected, such as in privatizations and certain public private partnerships, our advice also comprises preparatory structuring such as transformations, spin-offs, splitt-ups and spin-offs, the drafting of purchase, participation and syndicate agreements as well as the conceptualization and implementation of operator, facility management and commissioning models.

The increasing adoption of private law paradigms makes public law structuring a highly complex, tremendously exciting challenge at the interface to corporate law.

We align our client’s required structuring with the applicable municipal law provisions, namely the provisos of the economic activities of municipal authorities, the requirements for the corporation with municipalities and municipal budget and fiscal law. We also have extensive experience in administrative law issues, which, in addition to general administrative law aspects, also comprise special legal standards such as environmental, energy, subsidy or trade law. We also include constitutional law guidelines such as the principles of rule of law and democracy as well as municipal self- government and EU law in our considerations.

We have particular experience in the areas of energy supply as well as waste and sewage disposal, municipal saving banks (Sparkassen) and Landesbanken and public infrastructure.