Regulatory & Public Law

 

The provision of a necessary regulatory framework is essential for our industrial and commercial clients’ businesses. This is particularly true in relation to environmental issues, but it is also of major importance for planning and all other forms of regulation.  Establishing and maintaining an atmosphere of mutual trust between business management, the authorities and regulators at all levels of government should result in agreed compliance and provide for a safe environment in which to implement and develop our clients’ investments. We regularly advise public and government bodies and municipalities in particularly complex matters requiring additional input from external advisers.

Core of Salans’ Regulatory & Public Law Expertise

The core of our Regulatory and Public Law expertise is centred in France and Germany.  Salans has a strong background of knowledge and experience, based on a shared understanding of classical public constitutional and public administrative law in these jurisdictions. We focus on:

• environmental law;
• the regulation of pharmaceuticals and chemicals;
• planning and construction;
• infrastructure;
• all aspects of public health care;
• regulatory energy law;
• data protection;
• telecommunications; and,
• specialised litigation concerning administrative and constitutional courts.

Links to Related Practices

Our public procurement practice is closely linked to our Competition practice, providing a seamless service for our clients who wish to participate in public tenders. We have particular expertise in Public Private Partnership (PPP) projects all over Western and Eastern Europe; our excellent network in emerging markets allows us to advise our clients on all aspects of PPP internationally.  Our PPP expertise is closely supported by our associated project finance experience. We provide advice on planning, land use, and construction matters, especially on construction agreements for all kinds of industrial plants, through a close link to our Real Estate practice.

Geographical Reach

Taking our core expertise as the point of departure, we are rapidly expanding our knowledge and practice into all markets.  This includes emerging markets as well as Asia and the Pacific, where companies and corporations face the challenges of aligning their businesses with European and international compliance provisions when building up their public energy, transportation, and health care infrastructure. We explore carefully all aspects of environmental, planning, and liability risk and help international investors set up necessary risk assessments.

Portfolio of Advisory Products

Our clients use our specialised regulatory and public law expertise to involve us in:

• Obtaining planning, environmental and plant construction permits, to cover their upstream risk;
• Handling operational regulatory and compliance issues in order to control operational risk;
• Setting up dispute resolution schemes with regard to warranty, indemnity, and product liability claims, administrative law cases, and defence litigation, to handle downstream risk;
• Negotiating regulatory and public law contracts;
• Advising on political lobbying or legislative procedures; and,
• Carrying out accompanying legal due diligence processes for corporate and finance transactions.