The Legal 500

Duarte Abecasis heads the first-class public law department at Cuatrecasas, Gonçalves Pereira, noted for its ‘reactivity, fairness and competitive prices’. The team stakes involvement in many of Portugal’s most coveted public projects, including advising a consortium on its international public tender bid for the TGV at Poceirão to Caia. The team is also advising Metro do Porto on its financing of the network expansion plan and refinancing of the first investment phase, in addition to assisting the Somague/MSF consortium with its concession bid for Portugal’s new highways project. The practice is characterised by its ‘strong ability to listen to client’s needs and willingness to take initiative’.

Morais Leitão, Galvão Teles, Soares Da Silva & Associados fields one of Portugal’s largest public law teams, led by the highly revered Fernanda Matoso, who is ably supported by leading practitioners, João Serra, João Pereira Reis and Pedro Gonçalves. The team was instructed by the Portuguese Government and NAER – Novo Aeroporto to advise on the privitization model of ANA and the construction of the new Lisbon Airport, as well as assisting with the drafting of public tender documents. In the education sector, the team is advising Parque Escolar on the drafting and implementation of the contracting model for the process of state school modernization. EDP – Gestão da Produção de Energia remains a key client, with recent instructions including assisting with the negotiating and closing of the public concession contracts concerning various hydroelectric stations and correspondeing dams.

Practice head and founding partner Rui Pena of Rui Pena, Arnaut & Associados, Sociedade de Advogados, RL has carved an upstanding public law reputation for the firm, which, since the arrival of Mónica Carneiro Pacheco has expanded to reflect growing presence within the energy sector. New client ANA instructed the team to provide legal support with its public tender procedures relating to the construction of new infrastructure Lisbon, Algave and Azores airports. Attracting plenty of media attention, the team is representing the Lisbon Municipality in an ongoing arbitration with the Tâmega-CME Consortium, regarding the construction of the Marquês de Pombal tunnel. Clients describe the team as ‘interested, available and quick to answer questions’.

Despite the departure of Bernardo Ayala, Sérvulo & Associados has once again emerged as one of the firms of choice for public law matters. Displaying ‘sound academic knowledge and the skilled know-how of attorneyship’, clients are unwavering in their positive regard for the team; one says, ‘It is the most outstanding Portuguese office within public law and has the best experts in this area’. The team successfully negotiated a concession renewal granting an additional 17-year operational period of Lisbon Harbour for its client, Liscont. Additionally, the team is advising Mota-Engil Concessões de Transportes, an important syndicate in the tenders for all five concessions of the Portuguese high-speed rail project. EDP Distribuição Energia instructed the team to advise on the implementation of its intelligent distribution system, Project ‘InovGrid’, which includes initiating the joint venture model for project implementation. Lino Torgal and Rui Medeiros produce opinions of ‘high technical and judicial standard’, while José Manuel Sérvulo Correia and João Amaral e Almeida possess outstanding reputations. After bolstering the team with three new arrivals, the department now houses 26 highly dedicated public law specialists. ‘The quality of this firm’s work is well above the average of other Portuguese firms’.

Vieira de Almeida & Associados is assisting the Portuguese Ministry of Economy and Innovation with 13 international tender procedures relating to the award of 200MW of windfarm-produced power capacity. The team is also advising Brisa on a new financing model that will lead to subsequent amendments to all motorway concession agreements. Longstanding client Portugal Telecom instructed the firm in litigation proceedings against telecom regulator Anacom, regarding the digital television tender, new mobile operator licensing and the imposition of price differentials among existing mobile operators. Paulo Pinheiro leads this ‘very strong and well-regarded’ team, while Mário Esteves de Oliveira is highly recommended.

Pedro Siza Vieira leads the small but dedicated public law department at Linklaters LLP. Despite its size, the team has nonetheless secured some very high-calibre cases, particularly in public procurement matters. Ongoing work includes advising a bidding consortium, led by Espírito Santo Saúde, on the preparation and drafting of the international public tender bid for the PPP of the Loures Hospital, a highly sought-after project valued at approximately €550m. The team is also representing another bidding consortium for the PPP scheme of Portugal’s Azores Hospital, in addition to advising the winning bidder for the Marão Tunnel tender. The team has seen a significant rise in administrative litigation cases. Clients describe the team as ‘quicker and more inventive’ than others in Portugal.

PLMJ – A. M. Pereira, Sáragga Leal, Oliveira Martins, Júdice e Associados Sociedade de Advogados, RL is active in all areas of public law. Mota-Engil has instructed the practice on a number of concessions matters, including Túnel do Marão, Grande Lisboa, Baixo Tejo, and the high-profile TGV Poceirão-Caia concession. Also present in the healthcare sector, the team is advising ANF National Pharmacies Association on various public tenders for pharmacy services concessions, such as the Hospital Santa Maria an Hospital Distrital de Leira. The team advises to a number of municipalities, assisting with administrative litigation, zoning, urban planning and public procurement matters. Rui Chancerelle Machete heads the 15 fee-earner department.

Following the departure of Claudio Monteiro, Uría Menéndez has renewed its focus on pure public law with the arrival of the ‘very clever’ Bernardo Ayala and his team from Sérvulo & Associados. Ayala now leads a department fielding 10 additional fee-earners. Recent work includes advising the consortium led by Cintra on its tender bid for Portugal’s high-speed rail project. The team has also acted in a PPP matter, advising private bidders Ferrovial/Grupo Português de Saúde on the tendering procedure for the Hospital de Vila Franca de Xira. Ayala also led the team in assisting BPI – Banco Português de Investimento concerning tenders on two highway concessions, Auto-Estrada Transmontana and Auto-Estrada do Douro Interior. Clients regard this new team as ‘a great boost’ to the firm’s presence in the public law arena.

Abreu Advogados recently advised Cepsa on the merger between Cepsa Portuguesa Petróleos and Total Portugal Petróleos. The team also advised Mota Engil on competition issues relating to the public tender of the state concessions, including assisting with judicial appeal matters. Led by Manuel Andrade Neves and José Eduardo Martins, the team successfully advised Iberdrola Generación on its bid for the €1bn construction and operation contracts of three large dams.

Barrocas Sarmento Neves advises clients in both the public and private sector, including construction companies and consortiums. Pedro Madeira de Brito and Albano Sarmento co-head a team that now fields 18 fee-earners. The team is advising Odebrecht Engineering and Construction Ltd. on a €250m public works contract with the Libyan Housing and Infrastructure Board, concerning the redesign and construction of various bridges and the delivery of the Third Ring Road Project in Tripoli. The team provides ongoing advice to the Portuguese Government in relation to the €7bn National Hospital Programme developed on a DBFO concession basis. The team is ‘experienced in complex contracts of public works’.

Public law is at the heart of recently formed Esquivel Advogados. Led by José Luís Esquível, noted for his ‘competence and perfect understanding of the client’s needs’, the team acted for AGS/Somague in administrative litigation proceedings regarding the €100m public tender for the concession of the Abrantes water system concession. In another administrative litigation case, the team is advising Anacom in proceedings concerning the use of magnetic frequencies by private telecoms operators. Clients describe service as ‘efficient, in time and successful, framed by a fair compromise of quality and price’.

Under the direction of José Luís Moreira da Silva, Simmons & Simmons Rebelo de Sousa is strengthening its reputation in this area, as demonstrated by its notable instruction from the Ministry of Health (Lisbon Metropolitan Region) to advise on the managing of all new PPP hospital concessions. The team is notably acting for Vinci in relation to the TGV, beginning with the initial tender for Poceirão/Caia. Acting for Ferrovial Group and its concession subsidiary, the team is also advising on the new road concession, Tunel do Marão. Other highlights include acting for Região Autónoma da Madeira in a dispute with the Central Government.

F. Castelo Branco & Associados is advising Swedish television group Air Plus TV on its public tender bid for a digital terrestial television broadcast license. The team is also acting for a large Portuguese construction supervision company in a €4.5m dispute against one of Lisbon’s main transport systems. Paula Teixeira leads the team, noted for ‘consistently high levels of service’.

Franco Caiado Guerreiro & Associados advised an Austrian construction company, Getzner Werkstoffe, on a €1m public tender for the construction works in Lisbon’s Metro. The team continues to act for various international clients involved in public tenders for medical services.

GARRIGUES PORTUGAL, S.L. – Sucursal received a major boost to its public law department in September 2008, when it welcomed the arrival of former head of public law at Rui Pena, Arnaut & Associados, Sociedade de Advogados, RL, João Rosado Correia. Several clients have made the decision to remain loyal to Correia, stating ‘the new firm is much bigger but the service remains as good as it always was’.

Mouteira Guerreiro, Rosa Amaral & Associados – Sociedade de Advogados R.L. continues to advise Integraço on construction works contracts related to Lisbon’s Tagus Bridge and free toll highway. Mário da Rosa Amaral leads the department, which clients describe as ‘competent and competitive with prices’.