Skip to content
Sub practice
Sub practice

Public and Mixed Entities/Structures

In current economic times, where public bodies – both national and local – are playing an increasingly key role in the market (especially in the utilities and services sectors),we have seen an increase in the use of state-owned limited liability companies

Indeed, by using a corporate entity – rather than relying on traditional statutory bodies – public authorities are able to speed up the relevant administrative process and to achieve their market goals, while at the same time respecting the related public interest needs.

In addition, as a result of privatisations started in several countries, the public-private mixed company has become one of the main forms of public-private partnership (PPP). This is particularly the case in the following market sectors: public infrastructure, assets and services (mainly water, gas, electricity, transportation, waste management as well as zoning development).

With this form of structure, the private partner not only provides the financing but also the technical capability required to ensure that a project reaches a successful conclusion.

In this respect, European laws and national implementing provisions govern the set up and operation of mixed companies, operating public assets and providing public services, to ensure that fair competition and transparency principles are complied with.

The Allen & Overy Public Law group has a proven record of providing high-level assistance on projects involving both these forms of public and mixed companies. We advise both public bodies and private companies on the set-up phase, operation phase and the contractual relationship between the public and private parties, covering all issues including employment issues and public accountability. We can also assist on all the phases regarding the tender process to select the private partner and as we are a full-service law firm, can advise the client on all the legal issues involved in the matter.

News & insights

Close up of an LCD circuit board

News: 15 OCTOBER 2021

Allen & Overy advises OEP’s Spanish portfolio company VASS on its merger with German IT consulting firm Ecenta AG

Allen & Overy has advised VASS Consultoría de Sistemas S.L., the Madrid-based portfolio company of US private equity investor One Equity Partners (OEP) which specialises in Customer Experience…

Read more

Publications: 07 OCTOBER 2021

The income reduction for electric producers in Royal Decree-Law 17/2021

Faced with surging energy price due to the shock in the offer that is affecting natural gas markets, the Spanish Government has adopted certain temporary measures (from 16 September 2021 to 31 March…

Read more
front of building with with hundreds of flats

Publications: 05 OCTOBER 2021

The Berlin preliminary decision: Can housing companies be expropriated?

For some time now, Berlin has been experiencing a shortage of affordable and socially subsidized housing.

Read more
growing plant

News: 04 OCTOBER 2021

Allen & Overy advises Evergreen Garden Care on the acquisition of gpi green partners

Allen & Overy has advised Evergreen Garden Care Deutschland GmbH (“Evergreen”) in connection with the acquisition of all shares in gpi green partners international GmbH & Co. KG.

Read more