Public law & public procurement
“When two parties are endowed with different legal strengths, this requires not only the necessary tact but also an experienced and competent representative. As such, we support both the public sector and private parties in a wide range of public law issues.”

Public law & public procurement

We advise our clients in all questions and subject areas of public law. We represent applicants, neighbours and local communities, in particular in commercial and industrial plant law. Since public authorities have a different legal status from private individuals and companies, special rules usually apply when interests of the two sides collide. Our lawyers here at TWP have extensive expertise in the areas of commercial law, land use planning, land transactions and construction law, as well as in the fields of public procurement, charging, transport, cableway and railway law, green energy and electricity law, and telecommunications and broadcasting law. In the area of financial market supervision as well as in questions relating to subsidies and state aid law, our comprehensive knowledge of the subject matter makes us the ideal partner, and we represent our clients before the Administrative Court and the Constitutional Court, the European Commission and the European Court of Justice.

SPECIALIST AREA

Public law & public procurement

TENDERING PROCEDURES

The public sector also obtains its services on the free market. The tendering procedure ensures that public sector decision-makers on the one hand use public funds sparingly and sustainably and on the other hand do not arbitrarily and illegally favour certain companies. We provide both principals and contractors with advice and assistance. Our team disposes of the necessary experience and competence, from the choice of the right tendering procedure and its preparation to its execution, the calculation of the value of a contract and actions against invitations to tender, applications for a review of the award of contracts and appeals against decisions, up to the filing of actions for costs and damages.

 

PUBLIC PRIVATE PARTNERSHIP (PPP)

In order to balance out high investment volumes from the public sector, a public-private partnership in which private entrepreneurs bear or share the financial risks of a project is sometimes an option. The PPP is a combination of the strengths of both sides: the private sector partner is responsible for providing the service, while the public sector takes care of the general interest objectives. At TWP, we tackle the complex legal issues of public procurement and subsidies, clarify municipal, corporate and civil law issues and take care of drafting the necessary contracts.

 

BUSINESS REGISTRATION

Any company needs a business licence, which is usually issued by the district administration. In order to obtain this, certain requirements must be met and numerous forms and applications must be filled in. Legal advice is recommended in order to ensure a smooth process. We support you in all these administrative procedures and are happy to assist you with our many years of experience.

OPERATING FACILITY PROCEDURES

When a new business is opened or substantial changes are made to an existing business, an operating permit must be obtained in advance. A distinction is made between two types of operational facilities: those requiring a permit and those not requiring a permit. If neighbours might be disturbed or if there could be dangers to the property of others, if public transport is impaired or if adverse effects on water bodies are feared, the plant or its modification is subject to approval. This requires permits under trade and building law as well as under nature, water or labour law. At TWP, we handle the entire procedure, prepare the written application and compile the project documentation, act as a direct contact for the authorities and handle these bureaucratic procedures in a goal-oriented manner so that you can start operations as soon as possible.

 

SUBSIDIES AND STATE AID LAW

Austria and the EU offer a variety of different subsidy schemes. Public subsidies in Austria are subject to EU state aid law, which aims at protecting the free market, regulates subsidies for this purpose and provides for certain criteria to prevent state restrictions on competition. Exceptions such as the EU’s de minimis regulation for subsidies or aid which cannot distort competition because of their low level must be taken into account, as must sectoral or industry-related exceptions for certain groups of companies and industries.

We support our clients with our knowledge and experience in navigating the various funding and subsidy procedures, so that they can find their way through this maze and understand which funding options are permitted.