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Public Procurement

Austria

The quality of public services is increasingly determined by skilled public procurement management. The complexity of the legislative framework for public procurement rises steadily.

As a contracting authority or a bidder in national and international procurement procedures, you can benefit from legal advisors with extensive experience on both sides of the process. We can guide you through complex infrastructure and construction, transport, healthcare and IT tenders, not only in the public sector but also concerning utilities such as electricity, gas and airports. We also represent you in procurement-related disputes / review procedures and litigation / alternative dispute resolution.

With over 100 public procurement specialists in 68 cities worldwide, CMS has an outstanding reach and capacity for public procurement. We can support your response to public tender procedures in numerous countries. Additionally, our specialists have longstanding sector-expertise across core industries including infrastructure & construction, waste & water, life sciences/healthcare, transport / traffic and TMC. This approach means we can resolve your complex public tender issues, including formation and building of bidding consortia, protection of confidential information, anti-trust matters, selection and evaluation criteria, specific rules around framework agreements, concession contracts and complex PPP projects.
If required, your CMS advisors will also deal with state aid aspects or the legal framework on public accounting and debts as well as any applicable regulatory matters.

Further, we can assist how to approach different regulated tender procedures. We support and represent you before national and European tribunals and courts or in front of the European Commission.

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Bernt Elsner
31/10/2018
CMS Busi­ness Break­fast on the new Aus­tri­an Fed­er­al...
27/11/2017
The Be­ne­fits of Joint Cross Bor­der Pub­lic Pro­cure­ment
Since the European Com­mis­sion’ feas­ib­il­ity study on Joint Cross-Bor­der Pub­lic Pro­cure­ment (“JCBPP”) was re­leased in March 2017 there has been in­creas­ing mo­mentum for con­tract­ing au­thor­it­ies (“CA”) to or­gan­ise JCBPPs.
Published in July 2018
The Dom­in­ance and Mono­pol­ies Re­view 6th Edi­tion - Aus­tria...
30/10/2017
ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’ and there­fore sub­ject to the pro­cure­ment rules, even where.
Martin Zuffer
03/07/2018
CMS ad­vises Best in Park­ing with a € 175 mil­lion debt...
04/10/2017
Ap­plic­able threshold for the ob­lig­a­tion to con­sider the di­vi­sion of...
Art­icle 58 of the Law of 17 June 2016 on pub­lic pro­cure­ment re­quires all con­tract­ing au­thor­it­ies to con­sider the di­vi­sion of con­tracts in­to lots and, where the con­tract­ing au­thor­ity de­cides that it would not be ap­pro­pri­ate to di­vide the con­tract in­to lots,.
01/01/2018
Win­ning to­geth­er
Bro­chure Pub­lic Pro­cure­ment
13/09/2017
The ap­plic­a­tion of EU mer­ger con­trol cla­ri­fied: no EC no­ti­fic­a­tion...
In the first ever pre­lim­in­ary rul­ing on the EU mer­ger con­trol re­gime, the Court of Justice of the European Uni­on ("CJEU") brought much needed clar­ity on wheth­er the shift from sole con­trol to joint con­trol in an ex­ist­ing un­der­tak­ing is covered by the EU Mer­ger.
Published on September 1st 2017 on bestlawyers.com
Claims for An­ti­trust Dam­ages
27/04/2017
Pub­lic pro­cure­ment sub­con­tract­ing: re­quir­ing con­tract­or to ex­ecute...
As you will re­call, the Court of Justice ruled in a judg­ment of 14 Ju­ly 2016 (C-406/14) that a con­tract­ing au­thor­ity is not al­lowedto re­quire, by a gen­er­al stip­u­la­tion in the tender spe­cific­a­tions of a pub­lic con­tract, that the fu­ture con­tract­or of that con­tract.
June 2018
CMS Pub­lic Pro­cure­ment Con­tact Card
10/02/2017
As­sess­ing pro­por­tion­al­ity in pub­lic pro­cure­ment? The un­cer­tainty re­mains
On 14 Decem­ber 2016, the European Court of Justice ("ECJ") answered the Dutch Su­preme Court’s ("DSC") pre­lim­in­ary ques­tions re­gard­ing Art­icle 45 (2) of the EU pub­lic pro­cure­ment dir­ect­ive (Dir­ect­ive 2004/18/EC) and gen­er­al prin­ciples of equal treat­ment and.