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Public

We provide consultative and contentious advice both to the public sector as well as private sector backed by our experience in national and international transactions.

We reduce the administrative complexity by advising clients on practical solutions for their activities.

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Practice

For purposes of example, our professional advice in the Public area includes:

‒   Legal Framework of Public Administrations.

‒   Public contracting, including the definition of the management model, national accounting (SEC 2010) contracts (services, concessions public-private cooperation, CPP) contracting procedures, contract execution, contract modifications.

‒   Acquisitions of companies in the sector, including the process of legal review, investment contracts, sale purchase agreements, partnership agreements, formalization of the investment or transfer.

‒  Promotion of projects in relation to the public sector (highways, railways, airports, theaters, hospital, cleaning services, water supply and sanitation) including the acquisition of lands, authorizations (regulatory, environmental, urban planning) turn key constructions, operations and maintenance (negotiation of the life cycle), financing contracts (credits, syndicate credits, debt issuances) and documentation of guarantees.

‒  Judicial Procedures, including the area of competition, public contracts, public functions, state liability of the Administration in the courts of Spain and the European Union.

‒  Advice in relation to the regulated sectors: water, energy, mines, environment, telecommunications etc.

Experience

Some of our recent transactions include:

‒  Advice to an investment fund in the acquisition of a stake in the concession of a highway in Colombia.

‒   Advice to the promoter in regard to the acquisition of a concession company of a highway in Mexico.

‒   Advice to the Administration in regard to the liquidation of various construction contracts of public equipment.

‒   Advice to a company in claims for state liability of the Administration by the declaration of invalidity of an operating concession of a mining operations.

‒   Advice to a group of public servants in regard to the framework of labor relations for the Public Administration.

Recognitions

‒  Oriol Prósper has been recognized as a prominent lawyer in the Public Area in the European edition of the 2019 directory, Chambers&Partners.

‒   Alfonso Martínez Escribano and Oriol Prósper have been recognized as prominent lawyers by the 2020 directory, Best Laywers