Best Public-Private Partnerships (PPP) Lawyers in Spain

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LBO Legal
Seville, Spain

Founded in 2012
10 people in their team
Spanish
English
We are a law firm that was born in Seville in 2012 under the brand LBO Abogados and whose bases are the resolutive capacity, professional honesty and full availability to our portfolio of clients to whom we offer legal, tax, labor and personal data protection services.If there is one thing we are...
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ASOBAN ABOGADOS
Murcia, Spain

Founded in 2007
50 people in their team
Spanish
English
At ASOBAN ABOGADOS we are experts in mortgage foreclosures , Second Chance law and ICO loans, providing effective solutions to people with any type of debt throughout Spain.We are a pioneering firm in the Second Chance Law with which, thanks to our advice, thousands of people in Spain have freed...
Vargas Vilardosa Abogados
Zaragoza, Spain

Founded in 2000
50 people in their team
Spanish
English
Lawyers specialized in Intellectual and Industrial PropertyVargas Vilardosa Lawyers was founded as a law firm that specialized in Intellectual and Industrial Property. As time has passed, we have responded to the evolving needs of our clients and so we have increased our services and scope of...

English
Duarte & Julián Abogadas is a multidisciplinary law firm based in Salamanca, Spain, offering specialized legal services to individuals, self-employed professionals, and businesses. The firm provides personalized legal solutions across various areas of law, including inheritance and succession,...
Almar Lawyers
Ibiza Town, Spain

English
Almar Lawyers, based in Ibiza's central square, Vara de Rey, is a distinguished law firm founded by Ibizan natives Alejandro Bonet Templeton and Nadine Schröder. With extensive experience in major law firms across the Balearic Islands and mainland Spain, they established Almar Lawyers to...
Legal Solutions Latam Panama

Legal Solutions Latam Panama

1 hour Free Consultation
Madrid, Spain

Founded in 2019
12 people in their team
Spanish
English
German
Nuestra plataforma te hará más fácil y seguro acceder a servicios legales con confianza y garantías. Lo legal nunca fue tan sencillo. Abogados idóneos a tu disposición. Respuesta inmediata.Constituir empresa offshore en PanamáConstituir empresa operativa en PanamáAbrir cuenta bancaria...
MV Abogados
Zaragoza, Spain

Founded in 2000
50 people in their team
Spanish
English
THE OFFICEOur Law Firm is located in Zaragoza, but this does not limit us to taking on matters in any city in Spain. We work with great professionalism and always in accordance with our principles and values.The practice areas of the firm are negotiation and extrajudicial claims, Civil Law,...
Peralta Rojas Lawyers
Seville, Spain

Founded in 2017
50 people in their team
Spanish
English
The commitment to defending our clients’ interests and the excellence in our work are the hallmark of our law firm. We strive for our clients’ satisfaction and work hard to achieve it.From our office located in Plaza de la Magdalena, in the heart of Seville, we provide legal advice to...
Rodenas Abogados
Madrid, Spain

Founded in 2000
50 people in their team
Spanish
English
Ródenas Abogados & AssociatesPablo Ródenas, from an early age, felt a deep curiosity and interest in the world of law, influenced by his long family career in the legal sector.Graduate in Law and Financial Markets from the IEB University (Institute of Stock Market Studies) with several...
Necker Abogados

Necker Abogados

15 minutes Free Consultation
Madrid, Spain

Founded in 2022
10 people in their team
Spanish
English
Necker Abogados is a Spanish law firm with a strong track record in tax, corporate, restructuring and real estate advisory, as well as litigation services, all from an international perspective.We assist our clients with matters in Spain, taking into account international issues that may be...
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About Public-Private Partnerships (PPP) Law in Spain

Public-Private Partnerships (PPPs) are collaborative agreements between public entities and private sector companies to deliver public services or infrastructure projects. In Spain, PPPs play a critical role in sectors like transportation, healthcare, energy, and urban development. These agreements allow public authorities to leverage private sector expertise, technology, and financing to develop large-scale projects that might not be feasible through public funding alone. PPPs are governed by a mix of European Union directives and Spanish national legislation, setting out the legal framework for the creation, implementation, and supervision of such partnerships.

Why You May Need a Lawyer

The legal landscape surrounding PPPs in Spain is complex and subject to frequent updates. Here are some common situations where seeking legal advice or representation is highly advised:

  • Drafting or reviewing PPP contracts to ensure compliance with Spanish and EU laws
  • Participating in tenders or bidding processes for PPP projects
  • Resolving disputes between public authorities and private partners
  • Handling issues related to financing and risk allocation
  • Advising on restructuring, termination, or renegotiation of PPP agreements
  • Ensuring adherence to transparency and anti-corruption regulations
  • Dealing with public procurement law and competition law matters
  • Advising on project delivery, operation, and maintenance stages

Local Laws Overview

The legal framework governing PPPs in Spain is primarily built on the following key components:

  • Law on Public Sector Contracts (Ley de Contratos del Sector Público): This law, frequently amended to incorporate EU directives, defines the general principles, procedures, and requirements for public contracts, including PPPs.
  • EU Directives on Public Procurement: These directives must be transposed into Spanish law and set common standards for transparency, competition, and equal treatment in public contracting.
  • PPP Agreement Types: Typical structures in Spain include concession agreements, build-operate-transfer (BOT) models, and joint ventures. Each has specific regulatory requirements about financing, risk sharing, duration, and project management.
  • Transparency and Anti-Corruption: PPP projects are subject to rigorous transparency obligations and anti-corruption laws, with heavy penalties for breaches.
  • Administrative and Fiscal Regulations: PPPs must comply with local, regional, and national regulations, including tax obligations and reporting requirements.

Understanding and complying with these regulations is essential to avoid legal pitfalls and ensure successful project execution.

Frequently Asked Questions

What is a Public-Private Partnership (PPP) in Spain?

A PPP in Spain is a long-term collaboration between a public authority and a private entity to finance, build, operate, or maintain public infrastructure or services. The agreement distributes risks and rewards between the parties based on their contributions and responsibilities.

Which types of projects are commonly delivered through PPPs in Spain?

PPPs are mainly used in sectors such as transport (roads, railways, airports), healthcare (hospitals), energy, waste management, water services, and urban redevelopment.

How are PPP contracts awarded in Spain?

PPP contracts are typically awarded through public procurement processes, including open, restricted, and negotiated procedures that guarantee transparency, competitive bidding, and equal treatment.

What are the typical durations of PPP contracts in Spain?

Most PPP contracts in Spain are medium to long-term arrangements, ranging from 15 to 40 years, depending on the type and scale of the project.

What obligations do private partners have in a Spanish PPP?

Private partners are responsible for project financing, construction, and sometimes ongoing operation and maintenance. They must also comply with performance standards, environmental laws, transparency requirements, and other obligations set by the PPP contract.

What risks do parties face in PPP projects?

Risks are shared between public and private partners and may include financial, technical, legal, and operational risks such as construction delays, cost overruns, regulatory changes, or failure to meet service standards.

How are disputes resolved in PPP contracts?

Disputes may be resolved through negotiation, mediation, arbitration, or litigation, as outlined in the PPP contract. Spanish law encourages alternative dispute resolution mechanisms to avoid lengthy court proceedings.

Are foreign companies allowed to participate in PPPs in Spain?

Yes, foreign companies can participate in PPPs, subject to the same legal and regulatory requirements as Spanish entities. Some projects may require the establishment of a Spanish subsidiary or local partner.

Are PPPs subject to public scrutiny in Spain?

Yes, PPPs are subject to strict transparency and accountability standards. Project details, performance metrics, and financial arrangements often must be disclosed to the public, and contracts are subject to audit and oversight by public authorities.

What happens if a PPP project fails to meet its objectives?

If a project fails, remedies may include financial penalties, contract renegotiation, or early termination. The specific consequences depend on the terms of the PPP agreement and applicable law.

Additional Resources

For more in-depth information, guidance, or official documentation about PPPs in Spain, consider the following resources:

  • Ministry of Finance and Civil Service (Ministerio de Hacienda y Función Pública): Oversees public procurement and provides regulatory guidance.
  • General Directorate for Public Procurement (Dirección General de Contratación Pública): Offers resources on public-private contracts and procurement practices.
  • Spanish Official State Gazette (Boletín Oficial del Estado - BOE): Publishes all relevant legislation, updates, and official announcements regarding PPPs.
  • European PPP Expertise Centre (EPEC): Provides analysis, case studies, and best practice guides for PPP projects across the EU, including Spain.
  • Chambers of Commerce: Local and regional chambers can assist with business requirements and legal contacts for PPP participation.

Next Steps

If you are considering forming, investing in, or participating in a PPP project in Spain, it is crucial to consult with a lawyer experienced in public contracts and project finance. Qualified legal professionals can help you:

  • Assess and manage legal, financial, and operational risks involved in PPPs
  • Draft and review PPP agreements for compliance and protection of your interests
  • Guide you through procurement and tendering processes
  • Advise on dispute resolution and ongoing contract management

Start by gathering your project documents, identifying your objectives and concerns, and arranging a consultation with a reputable law firm specializing in Public-Private Partnerships in Spain. Taking these steps early can save time, reduce risks, and increase your chances of a successful PPP experience.

Lawzana helps you find the best lawyers and law firms in Spain through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Public-Private Partnerships (PPP), experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Spain - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.