Public Services

The public sector provides services of exceptional importance to the population and the entire economy. Processes for regulation, restructuring, returning enterprises to public ownership (remunicipalisation), or privatization, as well as increasingly complex administrative processes, must be dealt with in ever shorter timeframes.

Our approach

Our experts are long-standing partners of the public sector. We understand the special challenges of public commercial law and are distinguished by many years of experience and broad expertise in the public sector. Our lawyers also work closely with our tax consultancy and audit specialists, pooling our skills and offering you the best possible solutions.

Our services

In the area of public services, we offer you the following advisory services:

Focus Areas

For the following key areas:

Water, wastewater, and waste management
Local public transport
Public pricing legislation
Procurement law
EU state aid law

You will find comprehensive information in the sub-tiles for these areas.

Also, in the areas of:

Energy
Healthcare
Labour law

which also directly concern services provided to the public sector and its associated undertakings.

We would also like to highlight the following advisory services:

Commercial administrative law

Comprehensive advice to, and representation of, public authorities and their undertakings; advice to foundations, non-profit organisations, corporations, and associations
Advising organisations (formulation of articles of association, partnership agreements, corporate governance, etc.)
Advising on issues regarding municipal loss compensation (Kommunalen Schadensausgleich or KSA)

Restructuring

Support for restructuring measures as well as privatization and remunicipalisations

Budgetary law, municipal finance law, and municipal tax law

Advice in the areas of budgetary law (federal, state, local authorities) and municipal finance law, e.g., in the establishment and restructuring of state corporations
Advice on all issues relating to municipal tax law (fee laws and contribution laws, developments, etc.)

Strategic preparation for infrastructure projects

Support of large-scale construction projects and infrastructure projects, also with regard to mine site reclamation investments (e.g., fossil fuel phase-out)
Neighbourhood development
Litigation, arbitration

Supervisory board training courses, investment management training courses, and in-house seminars on issues specific to the public sector (special industry expertise)

Supervisory board training, including for council members who are appointed to supervisory boards, etc.
Training courses on issues of corporate governance, investment management, etc.

Labour law (special industry expertise)

Advising on the TVL, (collective agreements of the German states) TVöD (collective agreements in the public service sector), etc.
Assistance with collective bargaining agreements
Advising on public pension schemes VBL (federal and state benefit plans), ZVK (supplementary pension company), VBLU (pension association of publicly sponsored companies)
Remuneration in public companies

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Water, Wastewater, and Solid Waste Management Law

Water supply, wastewater, and solid waste disposal are among the key services provided by any municipality. Both public and private companies are involved in these services. Those responsible for these activities are required to make important strategic decisions regarding the organisational structure, the involvement of different organisations, collaboration, refinancing via fees or public taxes,...

Local Public Transport

Public transport is a vital form of public service in rural districts and towns. Municipal companies in particular, but also private companies, are involved in providing these services. The financing, legal framework, and strategic organisation of public transport are complex questions for those involved.

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Public Pricing Legislation

For all contracts awarded by Germany’s federal government, the individual states, the municipalities, municipal associations, or other legal entities in the public sector, pricing is subject to the "Regulation on prices for public contracts" (Regulation PR No. 30/53). This stipulates that there must be agreement on the market prices. If this is not possible, the services are billed in accordance with...

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Public Procurement Law

Our main areas of consulting involve advising public contracting authorities and sectoral contracting entities in the planning and implementation of national and European procurement procedures related to returning companies to public ownership (remunicipalisation), privatisation or reorganisation projects, the development of public-private and public collaborations and mergers, as well as in-house...

EU state aid law

EU state aid law has grown to become an important legal area when it comes to securing financing measures, especially regarding the public sector vis-à-vis (its own) companies. The structuring of financing measures in accordance with the state aid law significantly minimises the risks of any claims for repayment of the funds granted and any liability issues associated with such. Legal developments...

Public commercial law

Like the private sector, the public sector faces a wide variety of challenges in its economic activities. Regulation, restructuring, privatisation, and ever more complex administrative procedures are just some of the issues that the authorities must resolve in increasingly shorter timeframes.