Public procurement in Spain covers the drafting, awarding, validity, fulfilment and discharge of the onerous contracts in which at least one of the parties is a legal-public person or, in general, a public sector entity.
Public domain can be defined as «those administrative properties affected by the public use which, as a consequence, are subject to especial use and protection systems». Traditionally related to Territorial Administrations, the public domain may be, and is usually, managed by different public entities and bodies, although individuals and companies may use and occupy the domain, subject to certain conditions.
We offer specialized advice on public domain occupation and exploitation in its different forms (port, rail, coastal area, etc.), disputes with Administrations, reversion or eviction proceedings as well as resolutions on concessions and authorizations.
Under Spanish law, the compulsory expropriation is an administrative act whereby an Administration (expropriator) decides, for the benefit of the public or social interest, to dispossess an individual (condemnee) of part of his assets in favour of either the Administration itself or a third party (beneficiary), such coercive transfer being compensated by payment of a fair-price. The essential framework of this legal figure is set forth in article 33.3 of the Spanish Constitution of 1978, although its basic regulation is established by the Law on Compulsory Expropriation (LEF) of 16 December 1954 and, where appropriate, the legislation on land for urban expropriations.
We have experience in providing advice to condemnees and beneficiaries, both in expropriations for public works (roads, railways, etc.) and urban expropriations (general systems, isolated actions, etc.).
We advise private entities operating in economic sectors managed by Public Administrations. That experience has been gained through the knowledge of the sector (resolution of matters, permits, authorizations, concessions, etc.), and the participation in a number of national and international relevant transactions. At the same time, we have acted for our clients’ interests before the regulating or supervising bodies, the majority of which is currently integrated within the Spanish Commission for Markets and Competition.
Regulated Sectors in which we have experience include:
· Renewable energies (photovoltaic and wind energy, park installation)
· Pharmaceutical. Authorization and marketing of medicines.
· Transport. Liberalization, licenses and infrastructures.
· Ports and coastal areas. Concessions, authorizations and boundary definitions.
We defend our clients before the exercise of the sanctioning power by any Public Administration across different areas, acting for them throughout all the stages of the proceedings, from preliminary actions until the final resolution and the administrative appeals, as may apply (appeal to a higher court, appeal for reconsideration and petition for review). An efficient and adequate management at the administrative stage, especially the revision of the file and all its background or complements, will enable the resolution of the matter and, where appropriate, the best defence before the Contentious Courts.
We have more than twenty years of experience before Contentious Administrative Courts, at all instances, acting for our clients in challenging express and alleged acts (Administration’s failure to respond), or the Administration’s inactivity, including compensation claims for pecuniary liability of Public Administrations and their bodies. Of particular importance is the petition and conduct of precautionary measures and/or precautionary measures adopted due to especially urgent circumstances before Courts and Tribunals in order to ensure the purpose of the proceedings, with or without the granting of guarantees or the negotiation of the option which best suits the client’s interests (guarantees, unilateral mortgages, attachment of specific assets, etc.).
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