In recent years an increasing number of projects have been realised using public private partnerships owing to the tense situation with regard to funding in the public sector, the vast requirement for investment in the area of public infrastructure in connection with potential efficiencies applying a life-cycle approach (integrated approach to planning, construction, operation, maintenance and realisation). This was clarified by the setting up of the PPP task force (www.ppp-bund.de) by the Federal Ministry for Transport, Construction and Housing (Bundesministerium für Verkehr-, Bau und Wohnungswesen (BMVBW)) in the summer of 2004 and the PPP competence centres which operate on a regional level.

CMS Hasche Sigle offers comprehensive legal advice both to the public sector and to investors/sponsors and banks and other financial institutions in this sector of public private partnerships. As a rule PPP projects are very complex and require project teams in which our specialists from the areas of public law, procurement, construction, corporate, banking and financing, employment and tax law work together. We also cooperate regularly with advisers from other disciplines, depending on the project.

The close cooperation with partners from the other CMS offices, in particular with CMS Cameron McKenna, ensures that our lawyers can also develop tailor-made solutions for local projects drawing upon their international experience.

Main Focus
Main focuses of our activity in the area of public private partnerships are

• infrastructure, structural engineering and telecommunications
• conception of projects
• preparation and handling of invitations to tender and award of contracts
• legal advice and representation in contractual negotiations and
• legal advice on implementation of PPP projects