“Public-private partnerships”(PPPs) is a recent expression covering highly varied systems that relate to building and managing infrastructure, facilities or public services. These systems derive either from longstanding legal traditions in France and other administrative law countries – of which the most representative example is the concession, or from an adaptation of Anglo-Saxon project financing practices that have recently been introduced in France to finance public projects.

Implementing PPPs requires a solid understanding of the diverse legal and tax implications. In particular, they call for expertise based on in-depth knowledge of classic administrative law in addition to law and taxation relative to financing techniques.

Our Practice Areas

We cover all types of PPP contractual structures: 

• Delegation of public services : (concessions, lease/affermages) 
• Built-Operate-Transfer (BOT) arrangements
• Administrative/hospital emphyteutic leases (BEA/BEH) 
• Temporary occupancy authorisations  and leases with purchase options (AOT-LOA) 
• Partnership agreements
• Public procurement globally
• Complex contractual structures

• Construction and property management
  - Offices and public housing
  - Schools
  - Hospitals and emergency units
  - Police stations
  - Courts and prisons 
  
• Culture, sports and leisure
  - Museums and cultural facilities
  - Athletic centres
  - Leisure centres 
  
• Energy
  - District heating
  - Hydrocarbon transformation
  - Renewable energy
  
• Environment
  - Water and wastewater treatment
  - Waste processing
  
• Municipal services
  - Public lighting
  - Street furniture
  
• Transport
  - Ports
  - Airports
  - Road and train networks. 

Our Approach

From the design phase to the implementation stage, we assist private and public organisations in all stages of their national and international projects. We join forces with experts from member law firms in the CMS Alliance, who specialise in PPPs in their respective jurisdictions:

• Defining contractual structures
• Drawing up consultation documents 
• Drawing up specific procedures for calls for tenders 
• Structuring consortiums and project companies
• Preparing tendering documents and bids 
• Drawing up agreements between the various parties  
• Structuring project finance
• Otimising tax aspects.

In relation to the tax aspects of projects, we are supported by our team of tax experts reputed for their excellence, who have in-depth knowledge of the public sector and established experience in PPPs.

Our Clients

States, international organisations, private operators and financial institutions regularly place their trust in us to manage their national and international projects.

Our Team

The PPP team is comprised of two units – a national and an international unit. The complexity of the issues relating to public-private partnerships requires structured teams staffed by legal and tax experts under the supervision of a manager from one of these units specialising in public law and international projects. The manager appoints a dedicated team of legal and tax experts selected from the firm and/or CMS member firms. Our clients accordingly benefit from our multidisciplinary approach. By pooling the expertise of specialists in public business law, private law and taxation, we can provide a full range of advisory services for all aspects of your projects.