Government

When cooperation between the government and a private party involves the award of a government or concession contract, the obligation to issue a call for tenders may come into play, in which case it is not automatically permitted to enter into a cooperation agreement on a one-to-one basis.

For nuisance experienced in the past, this is in principle the case. The ruling of the administrative court means that, in principle, unlawful action was taken. The municipality is, in principle, obliged to compensate the loss sustained. The municipality’s liability in future cases is not certain. If the infringement can be legalised, for example by a permit being granted (on a later date), this liability may not exist.

If a public body favours a company over other companies in Europe, this may constitute prohibited state aid. Examples include subsidies, purchases above or sales below market price and loans on favourable terms.

Examples of exceptions regularly invoked are:

1. Is there only one party or company capable of executing the order?
2. Is it possible to invoke the quasi-in-house exception?

We frequently advise parties on the question whether it is wise to initiate proceedings for a plan prior to the entry into force of the Environment and Planning Act. It depends on the plan in question and the required decision-making process whether it is wise to bring such a plan into the procedure before the Act enters into force. We will be happy to advise you on your plan.