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Public Procurement Law

​Many contracting authorities and bidders rely on our Public Procurement Law practice group for advice on all aspects of public procurement and contractual law relating to the awarding of public contracts and concessions. We can structure public procurement proceedings for contracting authorities, advise bidders in the context of public procurement proceedings and represent the interests of our clients before bodies tasked with reviewing the legitimacy of public procurement proceedings.

In this context, we are able to closely combine our wealth of experience on awarding public contracts and concessions with the scope of our advisory services on public law. We can, for instance, advise both municipal authorities and investors in respect of innovative urban development projects, irrespective of whether the project in question concerns the development of inner-city shopping areas or environmentally friendly residential quarters. Our clients receive end-to-end legal advice from a single source, covering all aspects of public procurement, contract, local authority and building law, for instance. A similar interface can be identified in the transport sector: Public procurement proceedings relating to rail and bus transport or the procurement of rolling stock and buses are often closely linked to regulatory issues stemming from railway and public transport law. Airports, ports and privately financed road construction projects often present a similar situation, where sector-specific regulatory frameworks must be complied with that are not only defined by national law but also include elements of EU legislation (e.g. the ban on state aid).

We frequently provide advisory services to clients in respect of sectors of the economy which are only beginning to open up to competition. A recent example is the awarding of contracts in the field of defence and security, which is characterised not only by very specific market structures but also by specific legal framework conditions.

We believe that advising on public procurement law should not be limited to looking only at the provisions of procedural law that govern the placing of an order or granting a concession; ultimately it involves the awarding of a contract, which can require very different content depending on the sector in question. Where necessary, we can draw on the expertise of highly specialised colleagues from the fields of public law, corporate law, financing, real estate law, IP/IT and data protection, for instance. Interfaces with antitrust law, which we address on a regular basis, are found, for instance, in connection with issues such as self-cleaning after breaches of antitrust law.

Through our involvement in legal associations and various bodies, regular lectures and publications, we are repeatedly presented with the opportunity to understand the latest developments in a broader scope beyond one-to-one application and the pure legal implications and to make our contribution to the general discussion.

News & insights

Publications: 19 JUNE 2020

Foreign Direct Investment Screening in Germany – most recent developments

What foreign investors need to consider Germany is one of the few countries in the world where the doors are wide open to foreign investment. With an export-oriented national economy, Germany thrives…

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health care sector

Publications: 03 JUNE 2020

Germany: Update on Foreign Direct Investment Screening - Health care sector becomes part of critical infrastructure

The German Foreign Direct Investment (FDI) screening rules were amended, bringing important parts of the health care sector under the regime applicable to critical infrastructure. Some, but not all,…

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Publications: 07 MAY 2020

German Federal Constitutional Court ./. ECB and ECJ

German court rulings rarely find their way into international newspapers – but this one is different: In times of "corona bond"-discussions and further increased bond acquisition programmes of the…

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covid-19

Publications: 09 APRIL 2020

Covid-19 coronavirus: Foreign Direct Investment Screening

Germany tightens the rules in light of the Covid-19 pandemic

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Our practice Group Public procurement law

Our Practice Group Public procurement law

Many contracting authorities and bidders rely on our Public procurement law practice group for advice on all aspects of public procurement and contractual law relating to the awarding of public contracts and concessions.