Public Private Partnership (PPP)
A special form of procurement of general interest, Public Private Partnerships (PPP) have increasingly gained significance in recent years. As a result of the government withdrawing from core tasks, more and more services that were previously offered to the public sector are being privatised, such as garbage disposal, sewage disposal, and management of the hospital and healthcare sectors.
Whether this is referred to as “outsourcing“, “privatisation“, “Public Private Partnership“, or “Public Finance“, is merely a matter of taste. What is important, is choosing the correct legal and business framework and taking into consideration technical feasability.
In the area of PPP, our advisory services are mainly focused on the bidder’s side, and we support bidders in the complex application process for PPP projects.
There are often a variety of rules that must be observed when it comes to PPP models. In addition to procurement and contract law implications, there are also (depending on the field) questions of environmental law to solve. It is also necessary to observe tax and duties law in addition to country-specific models for the financing of hospitals.
Clear company or partnership structures and unambiguous contractual provisions are especially important when it comes to Public Private Partnerships (PPP), which are becoming more and more frequent and are characterised as having highly variable company or partnership structures (public sector, investors, and private companies). It is important in the case of PPPs with their varied structures, to bring conflicting interests all under one roof in order to avoid a shareholder dispute.
When it comes to PPPs, Horst Fössl and Alexander Singer’s legal expertise and experience complement each other.
We are available should you require further information or an analysis of your situation.