Public Economic Law

Public Economic Law

Public economic law is characterized by its great diversity. The resulting public law issues require special attention in project financing, approval and licensing procedures, re-municipalization projects, tendering procedures, M&A projects, or real estate transactions.

Our lawyers have extensive experience and a high level of expertise in public economic law. We provide advice in all key areas, particularly in construction and environmental law, EU state aid law, funding law, municipal economic law, procurement law, and re-municipalization. However, our advisory services in public economic law are not limited to these legal fields. In addition, we are active in the preparation and execution of complex contract negotiations in public economic law. Judicial representations with public law aspects are also part of our activities.

Our nationally active lawyers provide comprehensive advice to both the public sector and private and public companies in the planning and implementation of projects with public law aspects. Our team of experts in public economic law keeps a close eye on current developments, such as mobility transformation, digitalization, and climate protection.

Our Industry Focus in Public Economic Law:

  • Waste Management
  • Energy Industry
  • Research, Teaching, and Development
  • Healthcare
  • IT/Digitalization
  • Culture and Tourism
  • Public Transport (ÖPNV)

Our Focus Areas in Public Economic Law: 

Our lawyers advise in all areas of procurement law - from preparing and structuring procurement procedures to conducting the procedures and representing clients in court before the relevant review bodies. We support public contractors and bidders in both national and Europe-wide procurement procedures.

Our public law team primarily advises in procurement law: 

  • Drafting of purchasing guidelines.
  • Accompanying and advising public contractors in the preparation and implementation of procurement procedures. 
  • Support in review procedures.
  • Advising companies on participating in procurement procedures.
  • Conducting publicly funded procurement procedures.
  • Conducting audit reviews. 
  • Creating procurement documents. 
  • Designing exemption-from-tender in-house procurements, inter-municipal cooperations, and internal state organizational acts. 
  • Concession grants. 

European state aid law prohibits subsidies and other benefits from state resources that could distort competition. Therefore, the state (federal, state, and local governments, and possibly public companies) can only support businesses with financial means (loans, guarantees, funding, or any other financial benefit) to a limited extent. At the same time, the risk of having to repay received funds is a constant presence for companies. 

Our team in public economic law supports companies and the public sector in reviewing state measures for their relevance under state aid law and the resulting legal consequences, particularly in the following areas: 

  • Accompanying procedures for awarding funding-based services. 
  • Designing financing measures, legal relationships, and restructuring steps in compliance with state aid law. 
  • Conducting Private Investor Tests according to the standards of the EU Commission. 
  • Drafting of entrustment acts for the notification-free entrustment with services of general economic interest (SGEI). 
  • Identification and examination of state aid law issues. 
  • Notifications and state aid control procedures at the EU Commission. 
  • Reviewing the relevance of state aid law in municipal measures, e.g., guarantees, loans, deposits in municipal companies, or the levying of levies, and support in the state aid law compliant implementation.

In the past, the trend towards privatization was the focus of legal consulting in the field of regulation and public task fulfillment. Nowadays, re-municipalization initiatives and various forms of public-public cooperation are increasingly taking center stage. This is particularly true for the municipal sector of energy supply (electricity, water, gas), waste management, healthcare, and other areas of basic services. 

Our consulting team in public economic law supports public task carriers particularly in the following tasks:

  • Organizational consulting for private law and public law companies. 
  • Establishment of private law and public law companies (institutions under public law, quasi-autonomous establishments, special-purpose associations). 
  • Structuring of inter-municipal companies and mergers in public law (joint municipal enterprises, special-purpose associations) and private law forms (GmbH, AG, GmbH & Co. KG).

We have years of experience in dealing with issues of environmental law (air, soil, water, wastewater, and waste) as well as construction and planning law. Our core competencies primarily include waste management, wastewater, emissions control, and water law. In addition, our public law team supports numerous companies in the realization of industrial and constructional major projects. This is complemented by legal and strategic advice to our clients on compliance with ESG principles (Environmental Social Governance). 

Our activities focus particularly on the following areas: 

  • Construction, planning, and environmental law, along with the associated special fields. 
  • Support in complex approval procedures. 
  • Compliance consulting. 
  • Adherence to product-related regulations. 
  • Legal project management. 
  • Climate protection law.

Municipal economic law covers all areas where cities and municipalities are economically active in the market or non-economically, whether in the field of municipal self-administration, public services, or even in commercial areas. The activities of the public sector can be diverse.

Our Public Economic Law practice group advises in particular in the following areas:

  • Coordination with municipal supervisory authorities. 
  • Setting up and revising municipal statutes. 
  • Drafting of statutes for own-operation, public institutions, or special-purpose associations, as well as partnership agreements. 
  • Founding of municipal and mixed-economy companies in various legal forms. 
  • Municipal tax law
  • Municipal cooperations and mergers, as well as internal state organizational measures. 

Funds are primarily provided by the EU, the federal government, and the federal states to support companies in innovative, environmentally friendly, and future-oriented projects that are in the public interest.

Our funding experts particularly assist funding recipients in the following areas: 

  • Application for funding. 
  • Funding management. 
  • Preparation and support of tender procedures. 
  • Creation of documentation for the compliant use of funds. 
  • Coordination with public funding providers.

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Christian Moenikes

Christian Moenikes, LL.M.

Lawyer | Certified tax law specialist
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