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Public Commercial Law & Procurement

Germany

Public sector challenges

Administrative proceedings are complex, expensive and time-consuming. The volume of legislation is constantly rising and EU regulations play an increasingly important role.

We have an in-depth understanding of public commercial law from every perspective. For many years, we have been advising private and public-sector companies, as well as public bodies, on structuring and conducting administrative proceedings and on other matters related to public law.

Public commercial law experts

Our experts can support you in every phase of a project – from preparation through structuring and financing to representation in administrative proceedings or before the administrative courts.

Thanks to our long experience, we are adept at assessing the commercial impact of public law requirements on companies. We also possess the necessary tact and skills when dealing with public sector bodies. Especially in large projects in the areas of energy and transport, we are very much aware of the growing importance of public participation.

Sustainable solutions for companies

Our experts work with you to develop solutions that fit the legal and political constraints while also being commercially viable.

Our aim is to optimise the process right from the start and thus to shorten the duration of the procedure, as well as to avoid cases before the administrative courts as far as possible. To achieve this, our advice is geared towards consensus and engaging with the authorities. If it proves impossible to avoid a conflict, we will represent you in all stages of proceedings before the administrative courts.

Partner of the state and public bodies

Over many years, our experts in public commercial law have built up a reputation as a partner to local authorities and public bodies that need to implement complex projects or which are confronted with the challenges of reorganisation or collaboration with the private sector.

We provide the public sector with comprehensive support. Examples include assistance with administrative proceedings of all kinds, structural reform and PPP projects, as well as during the preparation and carrying out of legislative proceedings. If necessary, we also represent their interests before the constitutional, administrative and civil courts.

Expertise that goes beyond public commercial law

To allow us to handle instructions to the highest possible standard, we work as a team with experts from other specialist areas, such as construction and real estate law, corporate, tax and employment law or external specialists like architects, engineers and scientists.

In international projects, we draw on our CMS partner firms and their knowledge of local laws. We can thus offer cross-border advice on public commercial law in all European countries as well as many major business locations worldwide, all coordinated by a central contact person.

Industry experience and specialisation in public commercial law

From infrastructure and construction to healthcare, energy, IT, defence, utilities and waste disposal, we understand your industry and what matters to you.

Our advice on public commercial law covers all areas of law that affect private and public-sector companies or institutions. In particular, these include:

  • Foreign trade
  • Public construction and planning law, project development
  • Trade law
  • Municipal business law
  • PPP and privatisations
  • Subsidy law
  • Environmental law
  • Constitutional law and EU law
  • Procurement law
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    Environmental Law

    When preparing for and carrying out complex approval and planning procedures, as well as during ongoing operation of industrial plants, power lines, mines, etc., companies are confronted with a large number of issues concerning environmental law.

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    Foreign trade

    Trade relations are now less and less likely to be restricted to the domestic market. Companies wishing to develop new markets abroad not only face the challenge of understanding and adapting to the business practices of their foreign trade partners and the needs of different customers, they also have to comply with the legal provisions governing global trade.

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    Public construction and planning law, project development

    Major public infrastructure and construction projects present the parties involved with an array of challenges: high investment means correspondingly high risks, many construction, planning and environmental regulations need to be complied with, and the often high level of public interest can include intense criticism.

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    Subsidy Law

    The public sector provides subsidies in the form of grants, but also by means of low interest loans, guarantees, sureties and reduced prices when purchasing public property, etc. Providers and recipients of subsidies alike must comply with strict legal requirements to avoid the support being called into question.

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    Procurement Law

    More than ten per cent of the GDP of the EU member states is generated by activity which is subject to procurement law regulations. Procurement law poses increasing challenges to both awarding bodies and contractors due to a rising tide of rules and the difficulty of staying abreast with case law.

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