Public Sector Private Law

Private law in relation to the public sector is a special area of law managing the interaction of private law and public law, and requires knowledge of both civil procedural and administrative law. It is also developed through case law, which has established specific rules for official bodies with respect to contractual obligations. These rules are crucial when drafting agreements and when determining claims or defence of legal proceedings. Our experts will assist you when cooperating between the public and private sector, and when disputes arise.

Understanding the growing role of public authorities

Public authorities not only use government regulations, but more and more often also private law instruments. This means that they increasingly interact with private companies and parties. This growth of participation in private law is partially due to expanding legislation, that allows authorities more opportunities to fulfil their delegated duties. In the Netherlands, this is demonstrated by the surge in popularity of the ‘Anterior Operating Agreement’, used by local municipalities to recover costs.

Our range of expertise

We provide advice and support on all areas of public and private law interaction:

  • Conclusion of cooperation agreements, especially major spatial developments;
  • Special arrangements in relation to administrative bodies exercising their powers;
  • Legal proceedings after failed negotiations between private parties and authorities;
  • Compensation for damages resulting from administrative body decisions;
  • Use of expropriation instruments; and,
  • Claims against, and by, public sector parties.

How we work

Our specialised lawyers have the right experience and knowledge to assist with every interaction between private and public law. The team works collaboratively with colleagues and specialists across Loyens & Loeff in civil procedural law, energy, and real estate. Our team also ensures clients are well-informed and up-to-date on key developments through newsletters, publications and seminars.