Infrastructure and Transport

The Practice

The Arthur Cox Infrastructure and Transport practice is part of the broader Arthur Cox Infrastructure, Construction and Utilities Group and has specialist teams in both the Republic of Ireland and Northern Ireland.  Our leading transport practice brings a unique combination of experience, extending not only to the successful delivery of some of the most significant transport infrastructure North and South but also an in-depth understanding of the regulatory framework governing the sector.

We act for many of the most significant players in the sector including Government Departments, statutory authorities (including Railway Procurement Agency, CIE, daa plc and Dublin Port Company), local authorities, utilities, developers, funders and a variety of other key players, such as Aer Lingus.  Arthur Cox is the only firm recommended in Chambers & Partners UK Guide 2011 for Road Transport law in Northern Ireland and counts the Freight Transport Association and Confederation of Passenger Transport in Northern Ireland amongst its clients as well as private sector players and Government bodies.

Expertise

With our knowledge of the regulatory and commercial environment of the various transport sectors, we offer informed and effective advice thereby giving our clients the competitive and commercial edge.  Our team advises clients in all sectors of the transport industry including: roads; rail (heavy and light) ; airports and aviation; ports and harbours; and maritime and shipping.

Across these sectors, we provide the full range of legal services to our clients in the Republic of Ireland and Northern Ireland including:

  • advising on the regulatory framework governing airports (including ground handling), bus licensing (urban and rural) regimes, freight licences, tachograph licensing, carriage of goods (including dangerous goods), bills of lading, regulatory offences, overweight charges, insurance, tolling, bye-laws and scheme orders (including drafting and implementing bye-laws under difference statutory codes), railway orders and light rail orders;
  • advising local and national authorities, developers, funders, sub-contractors and professional teams in the delivery of transport infrastructure and services;
  • providing procurement advice, especially in relation to obligations under the Public Sector Contracts, Utilities and Remedies Regulations and Directives at all stages of the procurement process;
  • advising on environment and planning, including guiding projects through  statutory procedure processes such as CPOs, EIS and judicial reviews as well as strategic infrastructure legislation;
  • advising on health and safety;
  • advising on Public Service Obligations such as those in relation to regional air routes;
  • advising on Public Service Contracts for rail, bus and inland waterways under Regulation 1307/2007/EC; and
  • advising on State Aid dimensions.

The team is supported by specialists in corporatebankingconstructionPPP/PFIprocurementproject financecommercial propertylitigation and environment and planning.

Experience

Roads

Advising:

  • Funders in relation to Mill Roads PPP Project
  • Funders in relation to the refinancing of the N17/N18
  • the Superstop Consortium as successful bidder on the Motorway Service Areas PPP Project
  • M50 Concession Limited in relation to its ongoing operations of the M50 Roads PPP Project
  • the Applus (as Testing Services) as operator of the National Car Testing Service Project
  • Celtic Roads Group on the operation of the M1, N25 and M7IMR Roads PPP Projects
  • Cubic Transportation and Egis Project on tolling contracts in Ireland
  • Various U.S. clients on carriage of goods legislation
  • Dutch Infrastructure Fund on its various Roads investments in Ireland (N4/N6, Eastlink and N6)
  • acting on a dual mandate basis for Celtic Roads Group as successful bidder and the lead arranging group of banks in respect of the €600 million M1 Dundalk Western Bypass PPP Project (financial close 2003); and
  • acting on a dual mandate basis for Celtic Roads Group as successful bidder and the lead arranging group of banks in respect of the €600 million N25 Waterford Bypass PPP Project (financial close 2006)
  • National Toll Roads Limited in the sale of five subsidiaries, involved in the operation and maintenance services to the East-Link Toll Bridge, M1 Toll Bridge, Waterford Bypass and the Portlaoise Bypass.
  • the successful Hibernian Roads Consortium (Moto-Engil S/A, Coffey Construction Ltd & McNamara & Co Ltd) undertaking the N7 Nenagh to Limerick Motorway
  • the Gasta Consortium in relation to each of its tenders for the projects in the second roads PPP programme
  • the successful International consortium undertaking the Ennis By-Pass Design & Build Road Project

Rail

Advising:

  • Irish Rail in relation to its joint venture with Belmond (formerly Orient Express) for a cross border luxury train service in Ireland
  • Advising Transport Infrastructure Ireland in successfully defending a procurement challenge from Somague in respect of the Luas Cross City Rail Project
  • Advising Irish Rail on the development of a new National Train Control Centre including the P.T.O. development of a new bespoke facility and installation of new IT systems
  • RATP on its proposed establishment of operations in Ireland
  • Worldpay in relation to its contract with Irish Rail to provide a variety of payment services
  • the Railway Procurement Agency on the development of the LUAS light rail network, consisting of enhancement and extension of the original two lines and the development of a network of new lines (seven in total), procurement of rolling stock and other works and services in the context of the wider national multimodal €34.4 billion Transport 21 Plan
  • Iarnród Éireann (Irish Rail) in relation to several projects including a major capital works upgrade of railway cuttings and embankments, tunnels and other infrastructure throughout Ireland
  • Northern Ireland Railways/Translink on the procurement of 23 diesel multiple passenger trains for the NIR network, as well a long term maintenance contract for these trains, including tender documentation, tender evaluation, preparation and negotiation of contractual documentation
  • Irish Rail and its holding company, CIE, on Dublin-Kildare heavy rail upgrade
  • the Department of Public Enterprise (as it was) in relation to strategies for the future procurement of light railways and metro, in particular as public private partnerships
  • the Railway Procurement Agency on the installation of telecommunications equipment on light rail infrastructure in Dublin
  • the preferred tenderer in relation to the integrated ticketing project

Buses

Advising:

  • RATP on its tender for bus services in Ireland
  • on national and regional licensing regimes for buses both provincial and urban
  • on EU Law and national aspects of bus licensing regimes
  • market players on participation in the Integrated Ticketing Regime
  • on matters arising under the Transport Acts relating to buses and bus services

Airports & Aviation

Advising Aer Lingus on an extensive range of corporate and commercial matters including:

  • €1.2 billion initial public offering and defence of three hostile takeovers by Ryanair
  • Irish competition and company law aspects of Ryanair’s continued minority shareholding in Aer Lingus
  • its franchise agreement with Aer Arran

Advising daa plc in relation to:

  • its new €400 second runway projects
  • its €60m existing runway refurbishment project
  • its innovative €25m fuel farm concession project for the design, build, finance, operation and maintenance of a new 15,000m³ fuel facility
  • the €800+ million expansions at Dublin Airport, the development of the second terminal building and the Pier D extension and various related operating issues
  • a variety of other major infrastructure developments and concessions at Dublin Airport

Advising:

  • Congo Airways in relation to Mareva injunctions affecting its aircraft in Ireland
  • Funders (details confidential) on more than €50 million worth of aircraft leasing and finance transactions
  • in connection with the acquisition of significant equity stakes in a number of international airports including Birmingham (UK), Dusseldorf (Germany), Hamburg (Germany) and airport management and retailing/duty free functions in a number of overseas airports including Beirut, Montreal, Edmonton, Vancouver, Gulf States and a number of locations in the CIS (former Soviet Union)
  • on the EC Ground Handling Directive and Regulations and other regulated aspects of airport operation
  • Aer Rianta (now daa plc) on a competition investigation carried out by the Irish Competition Authority into airport incentive schemes operating in Dublin, Cork and Shannon
  • DAA in relation to European Commission State Aid investigation about incentive schemes offered in Shannon airport.

Ports & Harbours

Advising:

  • Foynes Harbour on property and planning issues
  • Irish Water in respect of the Cork Lower Harbour drainage scheme
  • National Oil Reserves Agency in relation to fuel storage at Dublin Port
  • Applegreen plc in relation to fuel storage at Dublin Port
  • Dublin Port Company on the acquisition of Greenore Harbour
  • Dublin Port Company in successfully obtaining regulatory approval and related compulsory acquisition orders for the proposed road network to interface with the Dublin Port Tunnel
  • On miscellaneous regulatory matters including under the Harbours Acts and EU Law

Maritime & Shipping

Advising:

  • on issues of wet and dry maritime law, including acting in a number of arrests of vessels and disputes over cargos, charterparties and related issues as well as funding ship construction
  • TS marine on the Irish aspects of the refinancing by ABN AMRO of the build of two vessels by members of the TS Marine Group