Expertise

The public procurement procedures for works, services, supplies, and administrative concessions constitute a field to which the firm dedicates a considerable part of its activity. The frequent revisions of the regulations in this area require continuous updating, to which VILDE diligently devotes itself.

The frequent revisions affecting the relevant legislation require continuous updating, to which VILDE is assiduously dedicated, even after the new Code enters into force in its entirety on 1 January 2024.

Within the same area of expertise, the firm provides assistance and advice in proceedings related to concessions of state-owned assets, with particular attention to maritime public property, given the strategic role that port authorities have long assumed.

In assisting businesses, VILDE supports the client throughout the entire procedural process, starting from the possible prequalification phase, providing advice on the proper preparation of bids, the establishment of temporary associations of companies or consortia, and the various forms of association following the awarding of contracts.

In litigation matters, the firm is daily involved in handling disputes concerning the legality of tender documents and awarding decisions, brought before administrative courts and issues related to the execution of procurement contracts before ordinary courts or arbitration panels.

The "Independent Authorities," established based on the experience of Anglo-Saxon regulatory bodies, are characterized by a particular degree of autonomy compared to traditional Italian administrative models.

Each authority has specific tasks and different roles; some are also endowed with regulatory, sanctioning, and quasi-judicial powers.

Among the Authorities with which the Firm is most frequently confronted, they deserve to be specifically mentioned, due to the particular impact of their work on the connective tissue in which medium and large-sized companies operate,

the Autorità Nazionale Anticorruzione (ANAC) [National Antibribery Authority], the Autorità di Regolazione per Energia Reti e Ambiente (ARERA) [Regulatory Authority for Energy, Networks and the Environment] (ARERA), the Commissione Nazionale per le Società e la Borsa (CONSOB) [National Security and Exchange Commission] the Autorità Garante della Concorrenza e del Mercato [Competition and Market Authority] (AGCM), the Autorità per la Regolazione delle Comunicazioni (AGCOM) [Communications Authority] and the Autorità di Regolazione dei Trasporti [Transport Regulation Authority].

The firm pays constant attention to the in-depth study of the ongoing regulatory developments concerning the structure and powers of these bodies.

VILDE ensures its clients the broadest protection both within the proceedings initiated by the authorities themselves and through appeals to the competent court against the determinations and sanctions issued by these authorities.

The choices made by public administrations regarding land use increasingly affect the lives and development of businesses operating in the fields of commerce, tourism, and services. Within a particularly complex regulatory framework that includes national legislation as well as regional, provincial, and municipal regulations, the identification of areas for new settlements and the determination of their structural characteristics are entrusted to urban planning instruments, such as specific sector plans.

VILDE provides consultancy services to its clients in both the assessment phase of site compliance with existing regulations and in the process of obtaining the necessary authorizations for the establishment of medium and large retail structures. The firm also assists with transformations or transfers of existing establishments.

With its extensive experience in the opening, acquisition and management of shopping centers and hypermarkets in various regions of Italy, the firm is a reliable point of reference for operators in the sector.

The firm has gained extensive experience in proceedings of financial and administrative liability before the regional and central sections of the Corte dei Conti, providing assistance to clients (particularly employees and administrators of public entities) in all stages of the litigation, starting from the notification of the invitation to present a defense, as well as in special proceedings.

The firm also handles proceedings related to pensions, retirement placement, and retirement benefits for senior officials of public administrations before the various sections of the Corte of Audit.

VILDE possesses extensive experience in the field of environmental law, with particular reference to issues related to the design, establishment, and development of production and commercial activities (e.g., preparation of applications and authorization procedures), as well as aspects concerning the management of such activities (e.g., waste disposal and recovery, protection against water, air, noise, and electromagnetic pollution).

Thanks to the acquired expertise and constant attention devoted to the legislative and jurisprudential developments, both at the national and European levels, the firm has specific experience and is capable of providing specialized assistance to clients in relation to all areas of activity covered by the subject matter, including:

• Power plants, cogeneration facilities, and renewable energy sources;
• Landfills and waste disposal/recovery plants;
• Metallurgical and chemical complexes;
• Waste transportation, including cross-border operations;
• Environmental impact assessment procedures;
• Remediation of contaminated sites;
• Concessions for water diversion, construction of aqueducts, storage facilities, and water supply networks for drinking water;
• Due diligence activities in various industrial and commercial sectors.

Full familiarity has also been acquired with specific statutory and regulatory provisions, including, by way of example, the complex requirements dictated for the various nature parks.

VILDE is fully familiar with the legislative and regulatory provisions concerning environmental protection, including specific regulations issued for the Venice lagoon area, complex requirements for natural parks and various protected areas in our country, as well as regulations regarding the management and use of public water resources. Within this framework, the firm offers clients assistance and consultancy services about all relevant procedures.

Cultural heritage and landscape law play a central role in real estate operations, including urban regeneration.

The application of the regulations contained in the Code of Cultural Heritage and Landscape, and specific sector provisions primarily contributes to the preservation and enhancement of the cultural, landscape, and environmental heritage, now considered fundamental value by the constitution.

In this context, VILDE provides consultancy and assistance in the relevant administrative procedures, having acquired in-depth knowledge and experience, in particular, in assisting with proceedings related to the binding regulations that affect the property regime.

Also relevant is the activity that the firm carries out in the field of strategic environmental assessment (SEA), environmental impact assessment (EIA) and in the issuance of landscape and environmental authorisations (such as AUA and AIA) required for the development of production activities.

Perhaps more than in other areas, mining law is composed of legislative provisions that differ significantly from region to region, not only in the definition and classification of mining and quarry materials but also in their research and cultivation. The complexity of the regulations and the close relationship with sustainable land use and environmental protection make it essential for operators to follow a project approach involving legal and technical consultants to avoid sanctions.

VILDE has focused on specific issues related to research and exploitation procedures of mines and quarries, as well as the application process for opening deposits, with the legal verification of the compliance of projects to regulations, frequently subject to changes.

The sports law sector is periodically affected by legislative innovations, including interventions related to the organization of professional and amateur sports bodies, modernization and construction of sports facilities, sports employment contracts and anti-doping measures.

In the continuous evolution of the sector, VILDE has gained consolidated experience with a multidisciplinary approach, both in assisting before sports justice bodies, with a particular focus on relevant issues in administrative jurisdiction, and in accessing documents of National Sports Federations, as well as in identifying responsibilities, including compensations, for subjects operating in this field.

Assistance in favor of Sports Promotion Entities, organizations that carry out activities of public interest aimed at promoting sports, is also of significant importance.

VILDE is also often called upon to deal with responsibilities, including those of a compensatory nature, imposed on the various entities that, in various capacities, operate in the sports system

Of no secondary importance is the assistance provided for the protection of Sports Promotion Bodies.

These are clearly issues to be dealt with in a multidisciplinary perspective, in view of which VILDE has organised itself in such a way as to offer wide-ranging advice and assistance.

The Firm has gained extensive experience in the field of healthcare administrative law, providing assistance and consultancy to both public and private institutions, including hospitals, nursing homes, residential care facilities, and medical clinics.

VILDE has been involved also in proceedings aimed at obtaining authorization for healthcare services, accreditation, and contracting of related services, as well as aspects concerning transfers, revocations, and any other matter related to this area of activity.

The Firm has long offered consultancy services in public-private management experiments, concerning both the initiation phases and aspects related to additional agreements to concessions, as well as their developments, such as re-modulations and stabilizations.

VILDE has also gained significant experience in pharmaceutical and medical device law, providing legal advice to support companies in research and experimentation, as well as in regulatory matters. The most frequently addressed topics include product classification, drug handling and management, marketing authorizations related to determinations made by the Italian Medicines Agency (AIFA) and regions, procurement procedures initiated by regional contracting authorities, as well as National Health Service Entities for the acquisition of medicines to meet their needs.

VILDE has also gained considerable experience in assisting sector operators in judicial proceedings related to measures aimed at covering the exceeding of the national and regional spending cap for medical devices (the so-called payback of medical devices), which preceded the provisions on the Medical Device Governance Fund.

VILDE has repeatedly had to deal with complex cases, in relation to which it was necessary, in order to find solutions that would satisfy the Client's interest in the context of transactions with international connotations, to identify the appropriate methods of adaptation of the Italian internal Italian law to sources such as international treaties, as well as to the law of the European Union, with its Regulations and Directives.

The Law Frim has always dealt with international and EU law, assisting clients in interpreting and correctly implementing EU law in different areas, including competition among companies in an international context, the freedom of establishment for companies in the European Union, EU rules on state aid, and the energy market.

Advising and assisting in this area becomes even more important as European sources of law, which include the rulings of the EU Court of Justice, increasingly affect domestic substantive and procedural law.

The Law Firm boasts in-depth expertise in the management of relations between public administrations and subjects wishing to undertake interventions on the territory, as well as in solving problems inherent both to the organisation and territorial planning of every sphere and level, and to the executive aspects of building activity.

Out-of-court assistance in these matters includes drafting and concluding the necessary agreements. In this regard, it should be emphasised that land use choices increasingly condition the life and development of industries and companies operating in the trade, tourism and service sectors (see specific headings).

VILDE is at the client's side during the process of the formation of urban planning instruments and variations to the same, from the moment of drafting contributions during the strategic environmental assessment to the moment of drafting observations following the adoption of the instruments themselves.

The firm also provides assistance and consultancy in the field of expropriation, acquisitive occupation and ablative procedures, preordained to the realisation of any kind of public intervention (see the specific item Expropriations). Among the matters to which particular attention is devoted is that relating to the regulation of cultural, architectural and landscape assets that are subject to specific protection by the law.

The liberalization of the electricity and gas markets has long opened up scenarios and expansion prospects for operators in the sector.

The firm has a long-standing tradition in this field, providing clients with comprehensive assistance, both in litigation and out-of-court, on all issues related to the production, distribution, and transportation of energy and gas.

The accumulated experience extends, among other things, to the following areas:

• location of new power plants and modification/enhancement/reactivation of existing ones, with particular regard to conducting environmental impact assessment procedures and obtaining necessary concessions, authorizations, and permits;
• start-up of the first renewable energy communities (RECs)
• connection to the national transmission network and distribution of energy for technological hubs and data centers;
• construction and management of facilities powered by renewable sources (photovoltaic, wind, solar, geothermal, hydraulic, biomass, landfill gas, district heating, etc.);
• exploration permits, hydrocarbon cultivation concessions, and natural gas storage activities;
• gas and electricity transportation, dispatching, and distribution, including regulatory and tariff aspects;
• gas and energy trading;
• proceedings before the Regulatory Authority for Electricity, Networks and the Environment (ARERA).

The firm also provides consultancy services in the development of operations, including project financing, aimed at the realization of new infrastructures.

Professionals at VILDE, who have long been involved in expropriations and expropriation procedures, have witnessed transformations that can be considered radical, both in terms of regulations and case law.

In this field, legal assistance presents an opportunity in all phases of the procedures, aiming to contain the sacrifices of private interests not only concerning the quantification of expropriation or occupation compensation but also by obtaining modifications to the project subject to the expropriation restriction.

The constant updating has allowed the Firm to guide its clients through regulatory and jurisprudential changes, offering assistance both out of court and in court, before administrative and ordinary judges, in numerous expropriation procedures, including those concerning the creation of compulsory servitudes for aqueducts or power lines or related to assets of cultural or landscape interest.

VILDE addresses issues related to industrial settlements, expansions, and relocations, paying due attention to obtaining and/or transferring the necessary authorizations required to initiate or continue productive activities.

Operating in coordination with qualified technical experts who provide insights into the specificities of the production cycle and the nature of facilities and premises, the firm ensures legal consultancy to companies, both in matters concerning routine management and in the evaluation of plans aimed at bringing the establishment into full compliance with applicable regulations.

VILDE also provides consultancy regarding community, state, and local government funding opportunities for small, medium, and large commercial, industrial, and artisan enterprises as well as for the revamping of production activities.

The complexity of legislation in environmental, urban planning, commercial, and energy matters has long required a careful examination of public law aspects for the successful outcome of corporate transactions, typically referred to as "M&A."

The firm provides comprehensive legal assistance to clients, particularly in relation to administrative profiles, including:

• conducting juridical due diligence analysis on target companies and businesses from the perspective of both the buyer and the seller.
• providing support in negotiating and formulating appropriate contractual clauses aimed at safeguarding the client's substantive interests.
• offering post-acquisition consultancy services with the preparation of plans aimed at achieving full compliance with applicable regulations.

When corporate transactions involve real estate interventions, VILDE also assists clients - may they be institutional investors, financial institutions, construction companies, or developers - in resolving construction and urban planning issues and, more generally, in their relationships with public administrations. The firm also provides support in drafting necessary agreements and conventions to be executed with the competent public authorities.

The firm assists clients in cases of criminal proceedings characterized by an administrative nature of the charges, particularly in environmental and urban planning matters, as well as in the field of public contracts.

The regulatory framework in these sectors, where increasingly penalties of a criminal nature are introduced concerning facts and behaviors that fall within administrative law, necessitates specific expertise in substantive law. VILDE possesses undisputed competence and experience in these aspects and can offer crucial support in the defense of potentially involved parties.

The evolution and frequent changes in regulations over the years regarding the institution of project financing have led the firm to delve into all the issues arising from this model in the implementation of projects of public interest.

VILDE provides its advice, derived not only from a thorough analysis of the relevant legislation and recent legislative and jurisprudential developments but also from direct field experience in operations related, among others, to transportation, energy, airports, healthcare facilities, and commercial settlements.

The firm has been offering consultancy services to clients since the introduction of project financing in our legal system. It assists the parties involved in various capacities in such initiatives, safeguarding their interests from proposal submission to contract conclusion.

Regarding airport services, the Firm has gained significant familiarity with various issues, ranging from the management and use of infrastructures and properties in airport areas to various airport handling activities aimed at ground assistance for companies and passengers, as well as security equipment (checked baggage and passenger control).

VILDE is also specialized in concessions and sub-concessions of parking lots and service spaces in airport areas, assisting its clients both in court and out of court.

In railway services, thanks to several years of activity on behalf of Italian and foreign operators (especially Austrian ones), the Firm can offer highly qualified legal consultancy and assistance, particularly in the procedures for obtaining licenses to provide railway transport services, as well as in subsequent events concerning the same licenses.

The assistance provided to sector operators extends to relations with the National Railway Safety Agency (ANSF, later ANSFISA), as well as with the Ministry of Infrastructure and Transport.

The firm is characterized by its particular attention to the evolution of public services regulations, recognizing their fundamental role in the dynamics of relationships between public administration and businesses, as well as between businesses and users.

VILDE has gained solid on-the-ground experience through various opportunities to assist numerous operators in the sector, including issues related to the identification and implementation of management models for local public services.

Of particular relevance is the continuous in-depth study of issues related to the structure and regulation of the market in the energy and natural resources sector, with a specific focus on aspects of production, transmission, and supply.

The firm dedicates a significant portion of its activity to the water services sector, advising on key issues related to the production and distribution of drinking water, as well as the collection and purification of wastewater.

Among the most significant public services are fixed, mobile, and satellite telecommunications, where VILDE assists major operators. The firm also provides consultancy in the local public transportation sector, where both Italian and foreign clients have sought the firm's support, even during the launch phase of new management systems.

The firm also offers assistance in matters related to the establishment of public-private joint venture companies, a frequently used tool in the provision of public services.

The Firm follows leading Italian and foreign economic operators in fixed, mobile, and satellite telecommunications. Assistance is provided to issues that may arise with Public Administrations or Independent Authorities (specifically, AGCOM), both in planning, installation, and management of infrastructures and in the traffic management of the networks.

VILDE has several times dealt with authorization procedures, enlisting in public registries, as well as with issues concerning concessions on public and state-owned land and the installation of optical fibers in public areas.

In the sector at stake, there is also no shortage of consultancy about tender procedures and contracts with the relevant public authorities.

The complexity of the regulatory framework for local public transportation, resulting from an often inconsistent overlap of regulations, encompasses various aspects, including corporate legislation, service allocation methods, financing mechanisms, coordination of legislative competencies at the European, national, and local levels, and regulations for the procurement of works, goods, and services.

The firm possesses a particular understanding of regulatory developments, jurisprudential trends, and emerging socio-economic demands in operational practices, thanks to its specific experience in providing assistance to Italian and foreign clients during the launch phase of management systems.