The “Public Private Partnership” is not a legal term defined in the Procurement Act or anywhere else in Austrian law. “PPP” is a term for special forms of projects which have to be legally assessed on a case to case basis. There is no specific law regarding PPP projects in Austria. Austria does not have a wide range of closed PPP deals either.

The Federal Procurement Act 2006 (the “Procurement Act”) implemented the provisions of the EU Directives 2004/18/EC and 2004/17/EC. This provides the legal framework for all public tenders by public authorities. It includes rules for specific procurement procedures (e.g. competitive dialogue) customized for PPP projects.

The Procurement Act sets out regulations regarding works concessions as well as service concessions. Unlike some Central European countries there are no specific legal obstacles to concession models (e.g. there are no restrictions on ownership of land for public infrastructure). Austrian public procurement law provides a solid basis for PPP projects. Therefore, there is not thought to be a need for a specific PPP law.

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