CMS Hasche Sigle advises Federal State of North Rhine-Westphalia on first PPP model for maintaining a regional road network

Cologne – The Federal State of North Rhine-Westphalia, represented by the State Agency for Roads in NRW, and project company Via-Bau Südwestfalen GmbH have signed a public private partnership (PPP) agreement on maintaining a road network. Under the PPP agreement, Via-Bau as the private partner will upgrade a regional road network totalling more than 100 km in South Westphalia over the next three years. Sections of road that are in particularly poor condition will be prioritised for repair. It was also agreed that the company will maintain the roads until 2026 and guarantee compliance with the standard specified by the Federal State.
Via-Bau Südwestfalen is a company established by EUROVIA Infra GmbH, KEMNA Bau Andreae GmbH & Co. KG and Heinrich Rohde Tief- und Straßenbau GmbH, with each of the companies holding the same share.
A team led by partner Dr Christian Scherer-Leydecker advised the Federal State on all legal aspects of structuring the model as well as preparation and successful implementation of the tender procedure through to signing the agreement. In its advisory role, CMS Hasche Sigle worked closely with other advisers at Ernst & Young Real Estate and engineering consultancy Vössing.
The project is being supported by the PPP Task Force in North Rhine-Westphalia’s Ministry of Finance as a pilot project.
This is the first PPP project in Germany for maintaining a road network that also includes financing. The model is of pioneering importance with regard to innovative infrastructure management.
CMS Hasche Sigle recently published its guide to PPP in Europe, which sheds light on the legal structures and financing conditions in Europe.

Advisers CMS Hasche Sigle:
Dr Christian Scherer-Leydecker, Partner, Infrastructure & PPP (Lead Partner)
Dr Stefan el-Barudi, Senior Associate, Infrastructure & PPP Finance
Dr Wolfram Schwetzel, Associate, Infrastructure & PPP
Dr Herbert Wiehe, Partner, Banking
Dr Philipp Schäfer, Senior Associate, Banking