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Infrastructure & Projects

As a sponsor, lender or public sector organisation, you require legal advisors who can help you to successfully handle complex infrastructure transactions and projects in time. Whether you are involved in projects related to health, education, waste & water, energy, defence, leisure, custodial & justice, IT/telecoms, public buildings, ports, rail, roads or aviation, you will get the legal advice you need from us. With over 200 lawyers working in this sector, we can support you in virtually any industry sector and any part of the world including Europe, the Middle East, Africa, Asia and the Americas.

We have delivered numerous deals in the infrastructure sector with a combined value of many billions of euros, advising on public private partnerships, energy and renewables projects, including the largest offshore wind farms in Europe, infrastructure and utilities investments. If complex project financing is an issue, CMS is the right choice to facilitate solutions between sponsors, lenders and the capital markets. We have done so for international finance institutions such as EIB, EBRD or World Bank and for the most reputable commercial banks.

International construction law for international projects

If you have legal questions regarding international construction law or require representation in international construction projects, our Austrian team will be happy to advise and represent you internationally in all conventional international contract structures and projects, taking into account the often different cultural and economic environments in the various countries involved.

If you are an investor selling or buying an interest in a concession, a utility business or a PPP deal or if you bid for a contract, you need expert guidance through the complex bidding process. CMS has available experts in applicable national laws on concessions and public procurement. Finally you may want your advisor to help you avoid pitfalls of tax law or public accounting.

Our lawyers have expertise across these sectors, ensuring quick deal completions on terms that make your risks manageable, obey your internal processes and optimise your returns. And if you are facing a potential dispute, we have the experts to support you through dispute resolution procedures or litigation action.

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Public-Private Partnerships (PPP)
Co-operation between the public and the private sector in building and running infrastructure facilities or offering public services often takes place

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08/09/2021
New rules for a pub­lic char­ging point re­gister in Aus­tria
Pub­lished in CEE Leg­al Mat­ter­sThe in­creas­ing use of elec­tric vehicles (EVs) in Aus­tria means the sup­port­ing in­fra­struc­ture re­quires con­stant de­vel­op­ment. The Aus­tri­an fed­er­al gov­ern­ment pro­gram 2020-2024 en­vis­ages ex­pand­ing the Aus­tri­an net­work of char­ging points for al­tern­at­ive fuels as an es­sen­tial pil­lar of its drive to­wards im­ple­ment­ing sus­tain­able mo­bil­ity solu­tions. In Septem­ber 2020, the Aus­tri­an gov­ern­ment fol­lowed through with its agenda by pro­pos­ing the Aus­tri­an Re­new­able En­ergy Ex­pan­sion Act (Erneuerbar­en- Aus­bau-Ge­setz, EAG), which in­cludes an amend­ment of the Aus­tri­an Act on Uni­form Stand­ards for Al­tern­at­ive Fuels In­fra­struc­ture De­vel­op­ments (Bundes­ge­setz zur Festle­gung ein­heit­lich­er Stand­ards beim In­frastruk­turauf­bau für al­tern­at­ive Kraft­stoffe, BGFS). You can find the full art­icle in the down­load sec­tion.
31/08/2021
Re­ima­gin­ing Trans­port: Hy­dro­gen Trains
In the first in our Re­ima­gin­ing Trans­port series, we look at the po­ten­tial for hy­dro­gen powered trains to be­come a part of the rail net­work’s move to net-zero. Already in op­er­a­tion in se­lect rail lines...
23/07/2021
Fit for 55: A new cli­mate pack­age
On 14 Ju­ly 2021, the European Com­mis­sion pub­lished the largest le­gis­lat­ive pack­age re­lated to the cli­mate and en­ergy: “Fit for 55”. The main as­sump­tion of the new pack­age is a re­duc­tion of 55% in...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
28/04/2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
01/04/2021
Up­date on the Re­new­able En­ergy Ex­pan­sion Act
In March 2021, the gov­ern­ment presen­ted its fi­nal ver­sion of the Re­new­able En­ergy Ex­pan­sion Act (Erneuerbar­en-Aus­bau-Ge­setz, "REEA") aimed at re­shap­ing the Aus­tri­an leg­al frame­work on re­new­able en­ergy...
09/02/2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
14/01/2021
The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
23/10/2020
The EU FDI Reg­u­la­tion be­comes fully ap­plic­able
The EU FDI Reg­u­la­tion, which came in­to force in April 2019, in­tro­duces a frame­work for screen­ing FDI in­to the EU. It is not a sep­ar­ate new screen­ing tool at EU level, but a frame­work for co­oper­a­tion and...
27/08/2020
Tail­ings Man­age­ment and New Stand­ards of Reg­u­la­tion
Tail­ings dam fail­ures have put the min­ing in­dustry in the head­lines for the wrong reas­ons in re­cent years. Dam fail­ures can have dis­astrous con­sequences in terms of loss of life and en­vir­on­ment­al dam­age...
07/08/2020
Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...
17/07/2020
Ex­pec­ted changes of for­eign in­vest­ment con­trol in Aus­tria
Re­cently a gov­ern­ment bill de­signed to pro­tect com­pan­ies in key in­dus­tries from takeovers by third coun­try en­tit­ies was presen­ted to the pub­lic in Aus­tria. Read the full art­icle by Jo­hannes Trenk­walder...