PUBLIC COMMERCIAL AND PUBLIC PROCUREMENT LAW

Whether it is in the form of building projects, consulting or IT and infrastructure projects, the public sector is among the principal customers for private industry in Germany. At the same time there are many links between the business activities of companies and the controlling and monitoring functions of the federal state, the individual states, municipalities and public sector organisations under public or private law.

PUBLIC COMMERCIAL LAW

Our Public Commercial Law/Public Procurement Law department advises clients of both, private industry and the public sector, on the development and implementation of their projects. Accordingly, our expertise covers all areas of public law, in particular with respect to affect the public interest. The relevant spectrum ranges from public construction and planning law to subsidy and environmental law. In addition, we offer legal advice relating to privatisation, re-privatisation and re-municipalisation.

We also regularly develop multidisciplinary strategies and solutions for all phases of major projects, for example in the field of public-private partnerships (PPP models). Advising on construction and real-estate projects with a public sector impact is one of our principal specialisations. In complex projects we work closely together with our experts from other specialist departments, in particular with our banking law, real-estate and construction law experts.

PUBLIC PROCUREMENT LAW

Public procurement law is a highly complex field for both, public bodies awarding contracts and companies seeking to obtain such contracts. The complexity is due to the fact that public procurement law interfaces with European, federal and state law as well as with legal aspects of technology. Additionally there is a vast volume of regulations and a wide range of legal sources, many of them undergoing an instant process of revision, while the competent institutions responsible for providing legal redress often reach contradictory verdicts. As a result, business success and avoiding (perhaps personal) liability are increasingly dependent on watertight, legally compliant operations in this field of law.

Our public procurement team provides its clients from the public sector and private industry with comprehensive legal certainty in relation to public procurement law. We work on highly complex subjects, such as the award of contracts which are subject to procurement principles based on European law, with professionalism, expertise and the speed often required in procurement law.

On the market our legal advisors have a high reputation in terms of public procurement law, can offer decades of experience in the field and have helped to shape this area of the law with their precedents, publications, seminars and representation on judicial reviews.

FIELDS OF OPERATION

  • Advice on the preparation and implementation of tenders (construction operations, supply of goods and services)
  • Advice on the awarding of contracts in compliance with regulations relating to specific public sectors and in the security and defense field
  • Advice on the award of concessions
  • Advice on the award of contracts below European threshold values
  • Advice on public-private partnership projects
  • Advice on privatisation/reprivatisation
  • Advice on municipalisation/re-municipalisation
  • Design of contract award operations for public sector clients
  • Advice and legal appraisals on all questions of public procurement
  • Management and participation in the design of complex public procurement operations
  • Advice for bidders in drafting tender bids
  • Explanation and representation of contract-award recommendations and decisions relating to public bodies and/or the public
  • Representation on judicial reviews in relation to the authorities and courts
  • Consultation on and implementation of real-estate projects and transactions
  • Preparation and implementation of tenders for public contracts relating to construction, products and services
  • Auditing the legal compliance of subsidies
  • Investigations and registrations relating to anti-trust law
  • Advisory, negotiating and development operations relating to contracts under public law
  • Advising on construction planning and construction planning law
  • Advice on obtaining building permits
  • Consultancy services relating to the implementation of planning approval procedures
  • Legal support for building operations

LEGAL FIELDS

  • Waste law
  • Legislation on levies (charges, premiums)
  • Construction and real-estate law
  • Building regulations law
  • Construction planning law
  • Subsidy law
  • Mining law
  • Soil protection and contamination law
  • Monument protection law
  • Energy law
  • Expropriation law
  • Emissions protection law (environmental law)
  • Municipal law
  • M&A
  • Neighbourhood law (rights of way, easements)
  • Public passenger transport law
  • Public commercial law
  • Public contract law
  • Land use law
  • Rights of way
  • Public procurement law

PUBLIC COMMERCIAL AND PUBLIC PROCUREMENT LAWYERS

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