FIELDS OF LAW
Public Law and Public Procurement Law
Our public law and public procurement law team covers nearly the entire spectrum of public commercial law. The focus of our advice is on public procurement law and public construction law. We also advise on planning law, environmental law and state aid law.
We support companies, public clients and private individuals alike in all matters of constitutional and administrative law, including procedural aspects.
Over the years, we have built up particular expertise in the areas of mobility and renewable energies. Together with our Regulatory and Energy Law team, we have advised on some of the largest mobility and energy transition/transformation projects in Germany.
We are known for our expertise and are regularly recommended by leading specialist publishers and have received awards such as the JUVE Award.
Our Range of Services
- Advice to potential contractors and contracting authorities in connection with public procurement processes
- Support during national and Europe-wide calls for tenders, including the publication of the procurement notice in the official journal of the European Union (TED)
- Preparation of legal opinions on all manner of public procurement law issues
- Advice in connection with calls for tenders that are below the thresholds stipulated in the German Regulation on Sub-Threshold Procurement (UVgO) and the German Construction Contract Procedures (VOB/A)
- Drafting of tendering guidelines for above- or belowthreshold procurement
- Creation and response to questions and objections from potential contractors
- Advice to contractors who are excluded from the procurement process
- Enforcement and defence of claims for damages against contracting authorities in connection with errors in the contract awarding process
- Representation in review proceedings before public procurement tribunals and the public procurement divisions of courts
- Representation in legal proceedings, including proceedings involving below-threshold contracts, before regional courts, social courts and administrative courts
- Advice in connection with public transport/passenger rail transport contracts and line concessions that are put out to tender
- Support in the drafting of contract documents (specifications and contract terms and conditions)
- Execution and documentation of negotiations
- Advice in connection with price adequacy audits
- Structuring of public-sector undertakings in accordance with company law requirements (‘in-house procurement’) and ‘public-public co-operations’ without procurement procedures
- In-house training on all relevant public procurement law issues
- Counselling in relation to building law issues (building regulations and construction planning law)
- Legal support and supervision of planning permission procedures
- Legal representation with respect to building law issues
- Consultation in relation to the planning of physical and industrial plant structures
- Legal support and supervision of proceedings for generating urban land-use plans (development plans, zoning plans)
- Counselling on the planning of physical and industrial plant structures and the legal representation and support in emission control approval procedures
- Counselling of public authorities and project sponsors during the planning of infrastructure projects, motorways, power lines and airports
- Counselling in relation to the compliance with European law requirements
- Legal representation in administrative court proceedings challenging legal action taken against planning permission decisions and approval decisions
- Counselling of and contract structuring in relation to subsidies-related issues
- Examination and national subsidies in accordance with national and EU laws
- Counselling and legal representation with respect to orders for the repayment of the subsidies
- Counselling on waste legislation (Recycling and Waste Management Act), water law and emission law (German Federal Pollution Control Act)
- Counselling and contract structuring in relation to contaminated sites (German Federal Soil Protection Act (BBodSchG))
- Advice on public law obligations regarding handling, transport, registration, packaging and labeling of substances and products, in particular REACH Regulation, CLP Regulation, prohibited or hazardous chemicals and substances subject to authorisation, Electrical and Electronic Equipment Act (ElektroG) and RoHS Directive, Machinery Directive
- Representation and coordination (also anonymously) with authorities and market surveillance authorities
Team Public Law and Public Procurement Law.
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