Together, procurement law and state aid law create a legal framework for business dealings in the public sector. They determine how the public sector does business and how services for the public sector must be procured and financed. As such, they also impact private companies who work for (or compete with) the public sector and government companies.
This is where we step in to help find solutions. Deploying our in-depth understanding of the sector, we take a diligent and creative approach to complex public procurement and public financing projects. The answers we deliver to our clients are legally watertight, cost-efficient, practical and easy to implement.
Our advisory services revolve primarily around complex procurement projects in the fields of residential, healthcare, infrastructure, IT and energy. We have particular expertise in the following areas:
“When it comes to state aid law, one often has to strike out into uncharted territory. The lawyers at GSK are excellent companions on such paths.”Wibke Mellwig, Deputy Head of Office, Authority for Economy, Transport and Innovation of the Free and Hanseatic City of Hamburg
“During expansion work on the ports in Lower Saxony, state aid law presented one obstacle after another. With the help of GSK, however, I was able to clear these obstacles out of the way.”Holger Banik, CEO, Niedersachsen Ports GmbH & Co. KG and JadeWeserPort Realisierungs GmbH & Co. KG
When procuring services, the government has to provide adequate funding. At the same time, however, public money should not distort competition within the Common Market. State aid law stakes out the boundaries between these two diametric opposites. We will help you find the right path – regardless of whether public money is to fully or partially fund an infrastructure or a company, and regardless of whether the public sector is involved in land or company transactions. We are inquisitive by nature. This characteristic stands us in good stead, because state aid law is still developing.
And increasingly – not least as a result of the European Commission’s activities and various decisions passed by European courts of justice – it is impacting industries which traditionally believed themselves to be exempt. Nonetheless, we remain convinced that no project need miscarry on account of state aid law. Because state aid law never regulates “whether” – just “how”. We take the provisions of state aid law and find practical, cost-efficient answers – taking budget law, subsidy law, planning permission law, procurement law, corporate law and real estate law into account. We are particularly skilled in developing compliant financing strategies for traffic infrastructure projects.
We focus particularly on advising regional authorities and government companies on the following fields: