Public Commercial Law

The state does not only set the framework for economic activity, it also actively participates in it through public enterprises. Particularly in the areas of services of general interest and the infrastructure, the state does not usually act through public authorities, but through its own enterprises and public or mixed-economy enterprises. In this context, the general norms of commercial and company law apply to the state, but concurrent (municipal) constitutional requirements as well as legal restrictions in procurement, among other things, also apply. At the same time, the state authorities are also required to support private-sector initiatives or to compensate for special disadvantages and unforeseen hardships. In doing so, they must act in a transparent and non-discriminatory manner and must verify that funds are used for the intended purpose.