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Administrative Law

“They are a step ahead and are confident and firm in setting times.”
TopLegal

In the administrative law area, Carnelutti has a practice group of highly specialized and skilled professionals. The firm’s lawyers are able to respond rapidly to client’s needs with expert, practical and thorough assistance to the highest standards, whatever type of client: state-run companies, public authorities and agencies, domestic and overseas companies, banks, other financial institutions or investment funds.
Carnelutti’s lawyers have expertise in the following major areas:

  • Public tender procedures, licenses and public services and utilities;
  • Compulsory purchase procedures, land use management, town planning and construction;
  • Development of state real estate assets;
  • Public works, infrastructure and project financing;
  • Environment, energy and renewable resources;
  • Setting up and operation of commercial parks;
  • Location of manufacturing and logistic sites;
  • Port and airport services and public transportation regulations (rail, air and road);
  • Health and pharmaceutical industry regulation;
  • Public finance, securitization and assignment of receivables from public authorities, including loans and other financial instruments for government agencies;
  • Independent authorities and regulatory law;
  • Telecommunications and IT services.

The firm’s services range from advice on administrative procedures through to legal proceedings before administrative courts (Regional Administrative Court and Council of State) and representation before arbitration panels.
Carnelutti’s administrative law experts work closely with their colleagues in other departments, especially those in Corporate and M&A, Tax and Banking & Finance, ensuring that clients receive a fully integrated and comprehensive service.

Public Contracts and Utilities

Carnelutti's expertise extends beyond standard public tender procedures, and now covers the more recently-introduced alternative procedures such as project financing, employing general contractors, public private partnerships (PPP), etc.
The firm's professionals regularly assist public authorities and other bodies governed by public law with:

  • Preliminary examination of and consultation on the most appropriate public tender procedure, based on the type of contract;
  • Preparation of the documents required for public tender procedures;
  • Handling disputes arising from the process.

The firm's professionals regularly assist private clients with:

  • Preliminary examination of and advice on the interpretation of public tender rules and lex specialis (offers for tender, specifications, letters of invitation, exclusion clauses, etc.);
  • Advice on the preparation of tender instruments and applications to take part in public tender procedures, bids and documents to be filed;
  • Advice and assistance in conducting public bidding procedures.

Public Finance

With their extensive experience in public finance and public accounting, Carnelutti's administrative law professionals are acknowledged leaders in their field. The firm's clients include local authorities, health agencies, regional authorities and companies. The firm regularly acts for banking clients also with respect to the securitization and assignment of receivables from public authorities, and has built up expertise in the negotiation of loans for public authorities, procedures for insolvency of public authorities and public financing.

Town-Planning and Construction

Carnelutti has specialist lawyers skilled in town-planning, construction and environmental law, areas where it assists both commercial organisations and government or public authorities, both in contentious and non-contentious matters.
Amongst other tasks, the firm's lawyers assist in obtaining authorizations for construction works or licenses, arranging public financing and state aids and supporting the client from the very first steps, taking part in the preliminary feasibility study phases, through intermediate steps and up to the final stages, including the preparation of applications for licenses, occupancy and similar certificates and liaising with the relevant authorities.
The firm also assists and advises on all forms of compulsory purchase procedure required for land acquisition prior to proceeding with any kind of public works development.

Environmental Law

The firm's environmental law services include assisting businesses in setting up and converting manufacturing operations that may potentially impact on the environment. Carnelutti's specialist lawyers are not only expert in the technicalities but also sensitive to the issues which frequently arise, so clients are in skilled hands as they are guided through the process which involves addressing the complex body of laws and regulations of competent authorities (basin authorities, Regional Environmental Protection Agencies [ARPAs], park authorities, municipalities, provinces, etc.). The firm's services also include liaising with public agencies and monitoring and regulatory authorities, preparing opinions and providing on-going consultancy.

Energy and Renewable Energy Sources

The recent liberalization of the electric power and gas markets has created radical new scenarios and fresh opportunities for Carnelutti's clients in this sector.
The firm's lawyers and other professionals provide expert guidance to ensure clients have available the very best in legal support and advice on all issues connected to power and gas production, distribution and transport, in this strongly-growing market, especially in the area of power production from renewable energy sources.
The firm's specialists have a proven track record in the following key areas:

  • Site designation for the location of new power plants and changes and enhancements to and resuming operations of existing power plants, with specific reference to environmental impact assessment procedures and any required licenses, authorizations and permits;
  • Construction of new power plants to be powered by renewable energy sources (wind, solar, geothermal, water, biomass, discharge gas, etc.);
  • Project development and project financing for the construction and operation of conventional electric power plants and electric plants powered by renewable energy sources;
  • Research licenses, licenses for hydrocarbon cultivation and for the storage of natural gas;
  • Transport and distribution of gas and electric power, with respect to tariffs and regulations;
  • Conduct of legal proceedings before the National Authority for Energy and Gas and through the Regional Administrative Courts.

Commercial Licenses and Development of Commercial, Manufacturing and Logistics Sites

Carnelutti's experts are on hand to assist its clients from start to finish, right from the preliminary phase involving the examination of town-planning regulations applicable to the area concerned by the envisaged commercial site, changes to existing zoning instruments (if required), and through to the phase preliminary to the issue of all permits, clearances and authorizations required to develop the site and subsequently operate it.
The firm's acquired expertise in this area enables it to respond with strategies and to devise solutions to meet specific client needs however diverse they may be, including: splitting the total gross floor area into several independent business facilities (to simplify the procedure); executing agreements with the relevant authorities for phased development; assigning authorizations; expanding sales areas; the regulation of store opening hours and days; the service of food and beverages inside the sales facilities; etc.
Carnelutti's professionals give practical legal advice on both day-to-day business and on the assessment of plans aimed to bring the proposed site to full compliance with the applicable regional and national laws and regulations. The firm can also assist its corporate clients operating in the commercial, manufacturing and small-manufacturing industries with advice on the availability of state aid and incentives for such new commercial and other sites.

Health and Pharmaceuticals

Carnelutti provides a full range of legal services (contentious and non-contentious) to the health services industry and specifically to private clinics, long-term healthcare facilities, pharmacies, state health agencies and public hospitals with respect to a wide range of issues. Examples - but not an exhaustive list - include the issues of authorizations, the accreditation of healthcare facilities and subsequent agreements with these facilities to operate within the national health service, executing agreements with public and private entities, contract matters, outsourcing, privatization of heath agencies through conversion into companies and foundations, regulations on health and pharmaceutical services.
The administrative law professionals at Carnelutti are also delighted to be working with client companies operating in the pharmaceutical, dietary-supplements, medical devices and cosmetic industries in matters related to marketing authorizations, contracts with health agencies for pharmaceutical supplies, clinical trials, distribution and advertising.

  • Advising local and national building companies on the awarding of public works contracts.
  • Advising major domestic and overseas pharmaceutical companies on the awarding of public contracts for the supply of medicines, medical devices and diagnostic equipment.
  • Advising several local and national companies on the awarding of public service contracts and local public service concessions.
  • Advising a public-private partnership company on in-house provision and the applicability of public contract legislation.
  • Advising public authorities on service outsourcing and the execution of global service contracts.
  • Representing clients in legal proceedings before Regional Administrative Courts against exclusion measures issued during public tender procedures.
  • Advising leading institutional investors on the appraisal and acquisition of property portfolios to be included in listed real estate funds.
  • Advising building companies on redeveloping industrial brownfield sites.
  • Advising several local authorities on compulsory purchase procedures to acquire land to carry out public works (TLC installations, roads and motorways).
  • Advising an investment fund on consistency with building regulations and on the impact of compulsory purchase procedures in relation to several real estate transactions.
  • Advising a leading power production company on setting up a biomass power plant, with reference to compatibility of procedural and environmental aspects with applicable regulations.
  • Representing clients in legal proceeding instituted before Regional Administrative Courts against measures refusing licenses and measures relating to compulsory purchase, remediation and safety.
  • Advising a major automotive company on setting up a logistics centre in Lombardy.
  • Advising a leading overseas group on opening hypermarkets in several Italian regions (Lombardy and Piedmont)
  • Advising a leading Italian group operating in multibrand retailing on day-to-day business issues (suspension of sales for renovation, opening hours and days, sale of newspapers and magazines, serving of food and beverages, reallocation of the sales GFA).
  • Advising a major Italian group operating in the fashion industry on the location of two separate sales facilities requiring the conversion of a manufacturing site into a commercial one.
  • Advising Lombard and Ligurian local authorities on drawing up planning instruments, with reference to the commercial, logistics and manufacturing sectors.
  • Representing several Italian and overseas groups operating in the commercial sector in legal proceedings instituted before Regional Administrative Courts against prejudicial measures issued by public authorities.
  • Advising a leading group in the healthcare industry on obtaining accreditation and executing agreements to operate within the National Heath Service.
  • Advising a major pharmaceutical group operating worldwide on setting up a start-up company distributing pharmaceuticals (classes A and C) in Italy.
  • Assisting several state health agencies and public hospitals in relation to the execution of contracts for the supply of medicines, medical devices and diagnostic medical equipment, including court litigation.
  • Advising several state health agencies and public hospitals on outsourcing services, executing global service contracts, and setting up public-private companies under art. 9-bis of Legislative Decree no. 502/1992.
  • Representing several pharmacies in legal proceedings started before Regional Administrative Courts in connection with the location of pharmacy stores and the regulation of opening and closing hours and days.
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