Public procurement law

A further focus of our public procurement law services is the „inhouse“-privilege of municipal companies. We advise on – especially company law related – issues in order to safeguard the applicability of the „inhouse“-privilege. Beyond, our legal services include advising public and private companies in the utilities sector as well as the tender procedures for the awarding of concessions. We represent public contracting authorities as well as bidding companies in complaint, review and appeal procedures before the public procurement tribunals and courts. Next to the conceptual coverage of antitrust and state aid law, our legal services also cover interface matters regarding public funding law, public pricing law and municipal business law.

Procurement Procedure

• Supporting tenders, i.a. in tenders for IT-Services, services in the waste management industry and other complex services

• Preparation of tender documents

• Response to bidder requests

• Documentation

Representation in Proceedings

• Complaint, review and appeal procedures

• Preliminary ruling proceedings and infringement proceedings

Strategic Alignment/Restructuring on the basis of the Exemption of Inter-municipal Cooperations

• Corporate law and business related structuring under specific consideration of the EU procurement directives

• Organization on the basis of capacity as public contracting authority

Conception of and Support for Remunicipalisation Projects

• Comprehensive and cross-function counseling (including tax and economic aspects)

Interface Counselling

• Public procurement law: antitrust law

• Public procurement law: state aid law, public funding law and structural funds law

• Public procurement law : municipal business law, public pricing and fees law