Public Procurement and State Aid

Even in a market economy, public spending is vital to the social and financial wellbeing of the state. Public procurement is the process through which Government entities source goods and services from private businesses through a process whose aim should be that of obtaining value for money through a fair, non-discriminatory and transparent procedure. As an EU member state, Malta’s rules on public procurement transpose EU directives and reflect long-established principles developed by the European Court of Justice. This remains, however, a highly-regulated and rapidly developing area, such that businesses involved in public contracts are well-advised to seek the assistance of lawyers who not only have a knowledge of both EU and Maltese law, but are also experienced in the administrative processes through which public contracts are awarded and the manner in which public contracts are performed, managed and regulated.

We are well placed to assist you in this. Our firm advised the Government when it introduced the first PPP collaborations in Malta close to twenty years ago, and has, since then, remained at the forefront of this particular field. One the highlights of the firm’s experience is the award of the contract for the building of the National Aquarium, where Mamo TCV represented the successful bidder and is still assisting the client in the implementation of the contract. This remains to date one of the first and most notable successful examples of competitive dialogue procurement in Malta. Our procurement lawyers have also assisted the Authority for Transport in Malta in several major projects related to the road and transport sector and the maritime sector, as well as major private players in the health and waste management industries. Our experience extends to procurement litigation where we have represented and assisted both private and public entities in appeals and other administrative remedies before the Public Contracts Review Board and the Superior Courts.

Another practice area at the intersection of public, private and EU law is state aid law. Governments continue to assist certain businesses or sectors to pursue their public policy goals, but this often leads to complex situations where it may be easy to fall foul of applicable rules. Companies seeking public grants and subsidies, or negotiating with Government on the acquisition of public land, will benefit from the guidance of our experienced lawyers to ensure that any support from the state is granted in full adherence to applicable laws. Having advised both public and private entities in this area, we have an enviable knowledge of state aid rules in practice.