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Around 12% of gross domestic product in the EU Member States is accounted for by goods and services that must be sourced in line with the provisions of public procurement law. Examples include the award of major contracts for infrastructure and construction, IT and healthcare, and procurement in the transport, energy and defence sectors. Public procurement law poses special challenges for contracting authorities and contractors: it is complex with regard to content, strictly formalised in terms of the types of procedure and subject to constant change. Contracting authorities that make errors when putting contracts out to tender run the risk of lengthy review and appeal proceedings in front of award review bodies. This can set back the planning and realisation of a project by years. Tenderers aiming to win a public tender likewise need deep familiarity with the applicable rules. Even the smallest procedural mistakes can result in exclusion. In addition, recipients of subsidies must comply with public procurement law as per the notice of approval. They risk having to repay the subsidy if they make any mistakes in this regard.
CMS Germany has long been among the leading law firms in the field of public procurement law. More than 20 lawyers are available to provide support at seven locations across Germany. This means we are not only geographically close to clients, but also able to structure, implement and assist with even the largest procurement projects at any time. Our lawyers combine many years of practical experience with in-depth academic knowledge from their work as editors and authors of highly regarded publications on public procurement law (such as the “General Commentary on Legislation relating to the Award of Public Contracts” (Gesamtkommentar zum Recht der öffentlichen Auftragsvergabe), 2nd edition 2021), articles in legal journals and the daily press, and as speakers at specialist events. Our focus is on providing practical and industry-specific legal advice. We understand the environment in which you operate and the issues facing your market segment. Based on an assessment of the legal aspects and business perspective, we develop the optimal procurement strategy for your project, in alignment with the type of procedure. This approach means that contracting authorities can be assured of structuring the award procedure in a legally compliant manner, while tenderers have a better chance of winning the contract.
Our lawyers benefit from in-depth experience and extensive specialist knowledge in a range of fields. We can support projects in the following areas, for example:
The CMS procurement law team is cross-disciplinary in nature and provides efficient, real-world advice on public procurement processes to both contracting authorities and tenderers – always backed by the necessary industry knowledge.
Dr. Christian Scherer, Partner
The CMS procurement law team represents both public contracting authorities and private companies. We understand the different needs and requirements of the two sides.
We advise contracting authorities with the aim of ensuring legally compliant structuring, preparation and implementation of their procurement procedures. For tenderers, we provide legal support when they apply for public contracts and optimise their chances of being awarded the contract. If a dispute arises, we represent contracting authorities and tenderers in proceedings before public procurement tribunals, the award divisions of the higher regional courts, the civil and administrative courts, the European Commission and the European courts (ECJ, General Court).
CMS has the biggest public procurement legal team in Europe. A powerful international network of more than 170 lawyers worldwide is available to handle cross-border public procurement cases. Within this global context, the individual members specialise in different sectors, giving us a deep understanding of the different markets and different types of awards. Our international teams regularly collaborate and advise both contracting authorities and private companies on major strategic procurement processes at European and global level.
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