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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

woman reading on mobile phone

News: 20 January 2022

Allen & Overy advises tado on anticipated business combination with GFJ and planned IPO via DE-SPAC

GFJ ESG Acquisition I SE (GFJ), the first German pure play SPAC (special purpose acquisition company) for sustainable technologies, and tado GmbH (tado), a European market leader for intelligent home…

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Berlin Mediaspree office buildings

News: 14 January 2022

A&O advises Universal-Investment and Bavarian pension scheme manager BVK on the acquisition of the Zalando Headquarters in Berlin

Allen & Overy has advised a real estate fund which was set up for Bavarian pension scheme manager Bayerische Versorgungskammer (BVK) on the Luxembourg platform of Universal-Investment on the…

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front of appartment houses against blue sky

Publications: 25 November 2021

The new coalition agreement in Germany is in place - What are the likely effects for the real estate industry?

The 177-page coalition agreement of the three parties set to form the new government in Germany provides for numerous innovations in the German real estate sector. In future, building and housing is…

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residential property

Publications: 12 November 2021

BVerwG: The principle of social conservation is not boundless – Exercising municipal pre-emptive rights in Berlin

With its ruling passed on 9 November 2021, the German Federal Administrative Court (Bundesverwaltungsgericht; BVerwG) has put the brakes on the increasingly popular practice among local authorities…

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Recognition