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.