Public Procurement, Privatisations, Concessions & Public Private Partnerships

The generalized global trend to privatise utilities has led to a marked increase in cooperation between the public and private sectors in recent years. While Public Procurement had always been a key driving factor for economic growth, job creation and innovation, during the last few decades, States increasingly opt for strategies including Concession, Privatization and Public Private partnerships, supplementing their traditional regulatory and procurement activities, thus aiming to create an economy that is more innovative, resource and energy efficient, as well as socially-inclusive.

Public Procurement/Concessions

Concessions are a particularly attractive way of carrying out projects in the public interest when State authorities need to mobilise private capital and know-how to supplement scarce public resources. They represent a significant share of the national economic activity and are especially common for the delivery of services of general economic interest.

Koutalidis Law Firm has extensive experience in Concessions, as well as in more traditional forms of public tenders for the procurement of goods, works and services. Our Firm has been involved in major innovative and complex projects, for both private and public sector clients (including the Greek government), which have required a combination of detailed  and highly technical legal expertise, innovative thinking and commercial focus. Our extensive client base covers a large number of industries, including infrastructure, transport, energy and telecommunications, as well as Greek public authorities.

Our team provides efficient consultancy services to clients around the world on how to navigate government regulations and policies and on how to structure contractual relationships with other market participants and public authorities. Our vast experience accumulated by advising on a comprehensive range of tendering processes enables us to offer our clients first rate assistance across the full spectrum of legal, regulatory and compliance issues they may encounter, addressing public procurement issues from the perspective of all those involved in the procurement process. Our experienced and fully dedicated team also specialises in assisting clients in contentious administrative proceedings.

Services

Our Public Procurement team offers legal advice to potential bidders on a wide array of Public Procurement related issues, which include the following:

  • interpretation and implementation of the European and national legislation governing public procurement and public law contracts,
  • preparation of bids for participation in public tenders for the awarding of public procurement contracts,
  • legal support in the course of the tender procedure, including drafting and responding to tender documents, negotiating contracts, evaluation and awards,
  • drafting, negotiation and implementation of public procurement and public concession contracts,
  • specialized legal support in project finance planning,
  • guidance for contracting authorities whose tendering processes have been challenged,
  • challenging award decisions when in breach of the pertinent public procurement rules, before both administrative authorities and administrative courts,
  • legal support in dispute resolution before administrative authorities, courts and arbitral tribunals, both during the tender procedure and in the course of the project implementation (objections, recourses, petitions for interim measures etc.).

Koutalidis Law Firm takes pride in advising in some major cases, addressing their challenges impeccably and effectively. Namely, for advising:

  • the Indian multinational airport operator GMR as a member of the successful bidding consortium for the tender of the new Kasteli (Heraklion) International Airport, a €600 million project;
  • Aktor Concessions S.A. on the concession of Alimos Marina, one of the largest marinas in Greece, with 1000 permanent positions (of a Net Present Value of €57.5 million), including on the negotiation of the Concession Agreement and on public procurement issues;
  • AviAlliance GmbH (a member of PSP Investments) in relation to the extension of the duration of the concession agreement relating to the management and operation of the Athens International Airport against a consideration of €1.115 billion plus VAT, as well as the further privatization of the Athens International Airport;
  • the Fraport/Copelouzos consortium, on the €1.4 billion concession agreements of both clusters of the 14 regional airports of the Hellenic Republic, successfully completed in April 2017 and further amended in January 2020;
  • Fraport Greece on the concession of 14 Regional Airports in Greece and Aegean Motorway S.A., concessionaire of the Maliakos – Kleidi toll road, on an on-going basis.

Privatisations

Privatisation is currently a very active area of law in Greece and is expected to continue to grow in the immediate future. Our firm has always been at the forefront of this sector, having already acted, or presently acting, in several transactions either for the State or for bidders – concessionaires in most cases, including some of the largest privatisations to have been concluded. We are currently involved in various on-going privatizations launched by the Hellenic Republic Assets Development Fund S.A. since its establishment on 2011, whilst we also have a very strong track record in successfully completed privatizations in Greece.

Koutalidis Law Firm has extensive experience in acting for the sellers, bidders, targets as well as financial investors and lenders in complex and important privatization projects and is able to develop out of the box solutions to seemingly unsolvable problems combining innovative approaches and practical experience.

Services 

We provide advice on all aspects and throughout all stages of privatization projects, including:

  • structuring of the transaction: starting from the initial conception stage until its completion,
  • assistance throughout all stages of the tender process,
  • preparation, review and negotiation of tender documents, such as process letters or bids, as well as transaction documents,
  • legal and regulatory compliance issues relating to the target and the transaction,
  • liaising and working closely with regulatory and other public authorities in order to gain the necessary insight on the requirements of the transaction,
  • due diligence review on the target with the aim to identify and address key issues early on and to avoid unnecessary implications,
  • post-closing assistance, including on matters concerning transition and integration of activities.

Our Firm has recently advised:

  • the Hellenic Republic Asset Development Fund (HRADF) in relation to the privatization of the Hellenic Gas Transmission System Operator S.A. (DESFA) as part of the Privatisation Programme included in the Hellenic Republic’s Medium Term Fiscal Strategy 2012-2015, successfully completed in December 2018 by means of the sale of 66% in DESFA against €535 million to a consortium formed by Snam S.p.A., ENAGAS INTERNACIONAL S.L.U and Fluxys S.A.,
  • AviAlliance GmbH (a member of PSP Investments) in relation to the extension of the duration of the concession agreement relating to the management and operation of the Athens International Airport against a consideration of €1.115 billion plus VAT as well as the further privatization of the Athens International Airpor,;
  • the Fraport/Copelouzos consortium, in the €1.4 billion privatization of both clusters of the 14 regional airports of the Hellenic Republic, successfully completed in April 2017 and further amended in January 2020.

Public Private Partnerships

When designed well and implemented in a balanced regulatory environment, Public-Private Partnerships (PPPs) can bring greater efficiency and sustainability to the provision of public services such as energy, transport, telecommunications, water, healthcare, and education, while also presenting opportunities for the private sector to participate in varying degrees in the maintenance, operation and management of infrastructure improvements. PPP arrangements come in many forms and are still an evolving concept, which must be adapted to the individual needs and characteristics of each project and project partners. Our clients rely on our advice to help understand and assess the complex legal environment characterised by the interaction of EU and national legislation, detailed project contractual documents and importantly, specific procurement regulations in order to execute their most complex transactions.

Our deep understanding of the evolving nature of the PPP concept is a result of our extensive experience participating in various PPPs projects, representing both sides. Our team has the experience and expertise to assist clients in navigating through the PPP process, which is extremely dynamic and tailored to the specific circumstances. We provide seamless advice on how to structure the relationship between the parties, so that risks are borne by those best able to control them, and assist in achieving a well-crafted agreement creating co-dependence and transparency, while enabling all involved parties to achieve their goals. We also provide assistance to the participants throughout the procedure, so that they work together towards joint solutions and work through new issues as they arise.

Services

We provide advice on all aspects and throughout all stages of PPP projects, including:

  • interpretation and implementation of the European and national legislation governing PPPs,
  • preparation of bids for participation in public tenders for the award of PPP contracts,
  • legal support in the course of the tender procedure, including developing and responding to tender documents, negotiating contracts, evaluation and awards,
  • preparation, review and negotiation of tender documents, such as process letters or bids, as well as transaction documents,
  • setting up of special purpose vehicles and joint ventures,
  • liaising and working closely with regulatory and other public authorities in order to gain the necessary insight on the requirements of the transaction,
  • specialized legal support in project finance planning,
  • legal support in dispute resolution before administrative authorities, courts and courts of arbitration, both during the tender procedure and in the course of the project implementation (objections, recourses, petitions for interim measures etc.).

Koutalidis Law Firm has recently advised on a number of important cases regarding Public Private Partnerships:

  • The awarding authority in connection with a tender for the construction and operation of an innovation centre.
  • A prospective bidder in the tenders for the concession and the PPP of the Northern Axis of Crete.
  • A prospective bidder in the tender for the PPP contract in relation to the design, construction, financing, operation and maintenance of student accommodation in the University of Crete.
  • A systemic bank as hedging counterparty in the context of the project financing of a PPP for the construction of police headquarters.

WHO TO CONTACT

Koutalidis Law Firm Celebrates Top Ranking in Chambers and Partners Global 2024

We are delighted to share that Koutalidis Law Firm has once again been recognized as a top-ranked firm in the prestigious Chambers and Partners Global 2024 rankings. This marks yet another year where our commitment to legal excellence and our dedication to serving our clients at the highest level have→

Koutalidis Law Firm has been shortlisted for the Chambers Europe Awards 2024

We are thrilled to announce that Koutalidis Law Firm has been shortlisted for the prestigious Chambers Europe Awards 2024! This recognition is a testament to our team’s hard work, dedication, and the strong standing we have in the legal market. The ceremony is set to take place on Thursday, 25 April at→

Koutalidis Law Firm’s Website Wins Gold Award for UX/UI Design

We are delighted to announce that Koutalidis Law Firm’s website has won the Gold Award for UX/UI Design in the B2B Website category at the 2023 UX/CX Awards. This prestigious recognition was made possible with the invaluable support and expertise of gnc | web and George Chouliaras, whose contributions were→

K.Protopapa & E.Papoutsi recognized as Women Leaders by IFLR1000

We are proud to announce that two of our esteemed female partners have been recognized by IFLR1000 in their 2023 edition, one of the most prestigious legal directories in the world. Katia Protopapa, Partner and Head of our M&A practice along with Effie Papoutsi, Partner of our Banking & Finance→

Koutalidis Law Firm Shines once again in IFLR1000’s 2023 Rankings

We are elated to share that the much-anticipated IFLR1000 rankings for 2023 have been unveiled, and Koutalidis Law Firm has made its mark yet again. Our firm has been honored with a Tier 1 ranking, underscoring our unwavering commitment to providing top-notch legal services. This year’s research by IFLR1000 featured→

Koutalidis Law Firm is listed in the 2nd of The Legal 500’s EMEA Green Guide.

Koutalidis Law Firm is selected and listed in the second edition of The Legal 500’s EMEA Green Guide. The guide refers to some of the key firms engaging with energy and sustainability projects in the EMEA region. As Koutalidis is currently advising on a pipeline of RES projects with a→

Koutalidis Law Firm is Top Ranked once again on Chambers & Partners Europe 2023 rankings

Chambers & Partners Europe rankings have been announced and Koutalidis Law Firm is once again Top Ranked! This achievement demonstrates the commitment, integrity, and service excellence of our team members as we always seek to deliver impeccable legal advice. More specifically our clients mentioned, Banking & Finance: “They have a→

Koutalidis Law Firm is recognized on IFLR’s shortlist for its 2023 Europe Awards

Koutalidis Law Firm is delighted to be recognized on IFLR’s shortlist for its 2023 Europe Awards. Judged independently by IFLR’s editorial team, the awards focus exclusively on legal innovation in cross-border transactions that reached a financial close in 2022. The winning deals, law firms and in-house legal teams will be→

Koutalidis Law Firm is ranked as a Top Firm by Chambers and Partners Global in their 2023 Guide

Koutalidis Law Firm is ranked as a Top Firm by Chambers and Partners Global in their 2023 Guide to the World’s Leading Lawyers for Business. More specifically Chambers review states, “Koutalidis is highly sought after by domestic and international lenders for capital markets and financing mandates. The firm regularly advises→

Koutalidis Law Firm Celebrates Top Ranking in Chambers and Partners Global 2024

We are delighted to share that Koutalidis Law Firm has once again been recognized as a top-ranked firm in the prestigious Chambers and Partners Global 2024 rankings. This marks yet another year where our commitment to legal excellence and our dedication to serving our clients at the highest level have→

Koutalidis Law Firm has been shortlisted for the Chambers Europe Awards 2024

We are thrilled to announce that Koutalidis Law Firm has been shortlisted for the prestigious Chambers Europe Awards 2024! This recognition is a testament to our team’s hard work, dedication, and the strong standing we have in the legal market. The ceremony is set to take place on Thursday, 25 April at→

Koutalidis Law Firm’s Website Wins Gold Award for UX/UI Design

We are delighted to announce that Koutalidis Law Firm’s website has won the Gold Award for UX/UI Design in the B2B Website category at the 2023 UX/CX Awards. This prestigious recognition was made possible with the invaluable support and expertise of gnc | web and George Chouliaras, whose contributions were→

K.Protopapa & E.Papoutsi recognized as Women Leaders by IFLR1000

We are proud to announce that two of our esteemed female partners have been recognized by IFLR1000 in their 2023 edition, one of the most prestigious legal directories in the world. Katia Protopapa, Partner and Head of our M&A practice along with Effie Papoutsi, Partner of our Banking & Finance→

Koutalidis Law Firm Shines once again in IFLR1000’s 2023 Rankings

We are elated to share that the much-anticipated IFLR1000 rankings for 2023 have been unveiled, and Koutalidis Law Firm has made its mark yet again. Our firm has been honored with a Tier 1 ranking, underscoring our unwavering commitment to providing top-notch legal services. This year’s research by IFLR1000 featured→

Koutalidis Law Firm is listed in the 2nd of The Legal 500’s EMEA Green Guide.

Koutalidis Law Firm is selected and listed in the second edition of The Legal 500’s EMEA Green Guide. The guide refers to some of the key firms engaging with energy and sustainability projects in the EMEA region. As Koutalidis is currently advising on a pipeline of RES projects with a→

Koutalidis Law Firm is Top Ranked once again on Chambers & Partners Europe 2023 rankings

Chambers & Partners Europe rankings have been announced and Koutalidis Law Firm is once again Top Ranked! This achievement demonstrates the commitment, integrity, and service excellence of our team members as we always seek to deliver impeccable legal advice. More specifically our clients mentioned, Banking & Finance: “They have a→

Koutalidis Law Firm is recognized on IFLR’s shortlist for its 2023 Europe Awards

Koutalidis Law Firm is delighted to be recognized on IFLR’s shortlist for its 2023 Europe Awards. Judged independently by IFLR’s editorial team, the awards focus exclusively on legal innovation in cross-border transactions that reached a financial close in 2022. The winning deals, law firms and in-house legal teams will be→

Koutalidis Law Firm is ranked as a Top Firm by Chambers and Partners Global in their 2023 Guide

Koutalidis Law Firm is ranked as a Top Firm by Chambers and Partners Global in their 2023 Guide to the World’s Leading Lawyers for Business. More specifically Chambers review states, “Koutalidis is highly sought after by domestic and international lenders for capital markets and financing mandates. The firm regularly advises→

Koutalidis Law Firm Celebrates Top Ranking in Chambers and Partners Global 2024

We are delighted to share that Koutalidis Law Firm has once again been recognized as→

Read More
Koutalidis Law Firm has been shortlisted for the Chambers Europe Awards 2024

We are thrilled to announce that Koutalidis Law Firm has been shortlisted for the prestigious Chambers Europe→

Read More
Koutalidis Law Firm’s Website Wins Gold Award for UX/UI Design

We are delighted to announce that Koutalidis Law Firm’s website has won the Gold Award→

Read More
K.Protopapa & E.Papoutsi recognized as Women Leaders by IFLR1000

We are proud to announce that two of our esteemed female partners have been recognized→

Read More
Koutalidis Law Firm Shines once again in IFLR1000’s 2023 Rankings

We are elated to share that the much-anticipated IFLR1000 rankings for 2023 have been unveiled,→

Read More
Koutalidis Law Firm is listed in the 2nd of The Legal 500’s EMEA Green Guide.

Koutalidis Law Firm is selected and listed in the second edition of The Legal 500’s→

Read More
Koutalidis Law Firm is Top Ranked once again on Chambers & Partners Europe 2023 rankings

Chambers & Partners Europe rankings have been announced and Koutalidis Law Firm is once again→

Read More
Koutalidis Law Firm is recognized on IFLR’s shortlist for its 2023 Europe Awards

Koutalidis Law Firm is delighted to be recognized on IFLR’s shortlist for its 2023 Europe→

Read More
Koutalidis Law Firm is ranked as a Top Firm by Chambers and Partners Global in their 2023 Guide

Koutalidis Law Firm is ranked as a Top Firm by Chambers and Partners Global in→

Read More