Working Session 7

Public Procurement of infrastructure and energy projects

Practitioners advising public entities on legal issues regarding large infrastructural project are, besides contractual issues, facing a massive legal framework of rules concerning public procurement.

The legal framework for, as an example, European practitioners is, though disguised in national legislation, deriving from EU Directives. These are under review and new directives are to be decided early autumn 2014. The proposals might very well affect how procurement of large infrastructural projects, such as roads, railroads, bridges, power plants etc. is procured by the public entities.

In the existing directives, procedures like the negotiated procedure and specific regulations about Work concessions aims to be applicable to large infrastructural projects.

In other jurisdictions, not touched by the EU Directives, the legal framework for public procurement might have a completely different structure and other solutions providing tools for the procuring entities to be able to realize these kinds of projects.

This working session is aiming to establish, from a comparative point of view, a perspective of the legal environment practitioners dealing with energy projects and large-scale infrastructure projects are facing on a day-to-day basis and give a picture of how these matters have been dealt with in real projects.

The session will also deal with the upcoming new EU-Directives on public procurement.

General Reporters:

Per-Ola Bergqvist, Foyen Advokatenfi rma AB, Sweden
Jan Roliński, WKB Wierciński, Kwieciński, Baehr Sp. k., Poland

Speakers:

Agnieszka Chwialkowska, WKB Wierciński, Kwieciński, Baehr Sp. k., Poland
Hilka Eckardt, Heuking Kuehn Luehr Wojtek, Germany
Jiří Hes, CEZ a.s., Czech Republic
Karolina Pastuszak, EDF Polska S.A., Poland
Rosa Isabel Peña Sastre, Roca Junyent, Spain
Andrzej Rybicki, Strabag, Poland