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Public Commercial Law & Procurement

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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Umweltrecht
Environmental Law
Specialists in environmental law. When preparing for and carrying out complex approval and planning procedures, as well as during ongoing operation of
Außenwirtschaftsrecht
Foreign trade
Trade is becoming increasingly international. Trade relations are now less and less likely to be restricted to the domestic market. Companies wishing
Public Commercial Law & Procurement
Public construction and planning law, project development
The challenge of construction and infrastructure Projects. Major public infrastructure and construction projects present the parties involved with an
Public Commercial Law & Procurement
Subsidy Law
Complex rules on state subsidies. The public sector provides subsidies in the form of grants, but also by means of low interest loans, guarantees, sur
Procurement Law
Public procurement – the challenges. Around 12% of gross domestic product in the EU Member States is accounted for by goods and services that mu
17/03/2022
Global Public Procurement Brochure – 2022
With over 170 public procurement specialists worldwide, the CMS Public Procurement Group offers you outstanding reach and capacity. CMS provides public tender support in 40 jurisdictions. Our specialists...

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12/03/2024
Multi-billion incentive programme for climate-friendly industry launched:...
Berlin – The German government is aiming to make German industry carbon-neutral by 2045. In line with this commitment, on Tuesday, 12 March 2024 the Federal Ministry for Economic Affairs and Climate Action launched the world’s first bidding process for a programme to fund climate action contracts. Based on carbon contracts for difference, these climate action contracts promote investment in climate-friendly production facilities that would not otherwise be economically viable at this point in time. The programme is primarily aimed at operators of emis­sion-in­tens­ive plants, such as in the steel, paper, chemicals, metal and glass industries. Climate action contracts provide an incentive to develop and build the required technologies and infrastructure in Germany now. This will not only avoid around 350 million tonnes of CO2 over the term of the funding programme up to 2045, but is also designed to kick-start the urgently needed market transformation while simultaneously setting new international standards for efficient, low-bureaucracy support. The climate action contracts are intended as both a key tool for climate change mitigation and to strengthen Germany as a country with a long history of industry and innovation. EUR 4 billion has been made available over a 15-year term for the initial bidding process that has now been opened. Companies that were successful in the preparatory phase in the summer of 2023 can apply to take part in the initial bidding process within the next four months. As Germany’s economics minister announced at today’s press conference, the second round of bidding will be conducted later in 2024, with EUR 19 billion available for this purpose. Two further rounds of bidding are scheduled for 2025.A CMS team headed by lead partner Dr Jürgen Frodermann advised the Federal Ministry for Economic Affairs and Climate Action on all aspects of subsidy, state aid, contract and energy law with regard to the support programme. The advice related in particular to drafting a funding policy and associated climate action contracts to be concluded between the state and companies eligible for funding. The work also included support around the notification procedure to the European Commission. In view of the pioneering nature of the funding programme, the CMS team had to deal with legal issues arising in connection with the programme in both a European and a national context, while also ensuring close alignment with the defined technical and economic objectives. The support was provided through an in­ter­dis­cip­lin­ary consortium headed by lead project manager Jülich, together with VDI/VDE Innovation + Technik and Deloitte. CMS Germany Dr Jürgen Frodermann, Lead Partner Dr Nico Hannemann, Senior Associate Dr Nora Zabel, Counsel Björn Hopen, Associate Nina Becker, Associate, all Contract Law Shaghayegh Smousavi, Partner, Energy / Regulation Dr Jakob Steiff, Partner Dr André Lippert, Partner Dr Sven Brockhoff, Counsel Dr Annchristin Streuber, As­so­ci­ate Con­stan­ze Schweidtmann, Associate, all Public Law / Subsidy Law Dr Michael Bauer, Partner Louisa Thomasberger, Associate, both State Aid Dr Martin Friedberg, Partner, TaxPress Con­tact presse@cms-hs. com
12/03/2024
After EU Commission's first decision on Carbon Contracts for Difference,...
The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Fol­low­ing the...
08/03/2024
EU takes stand against environmental crimes with new Directive
The escalating problem of environmental degradation is triggering a re-evaluation of our legal systems' effectiveness in preventing and justly sanctioning such harms. Now the EU has taken a significant...
05/03/2024
European Commission authorises EUR 550 million Italian hydrogen aid scheme
On 30 January 2024, the European Commission authorised an Italian hydrogen aid scheme with a budget of EUR 550 million under the Temporary Crisis and Transition Framework.The Green Deal industrial planThe...
01/03/2024
Environmental and social factors in mining: a spotlight on Colombia
Environmental and social considerations have been critical to the business of mining since long before the term ESG gained its current popularity. Mining activities are politically sensitive because they...
23/02/2024
The CBAM – what is it and how will it affect the market?
Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1...
22/01/2024
State aid: The European Commission approves an Italian aid scheme for the...
On 15 January 2024, the European Commission approved a EUR 120 mil­lion Italian aid scheme for all airlines establishing new connections between one of the three airports in Calabria, namely Tito Minniti...
19/01/2024
Greenwashing: Stricter EU rules on environmental marketing ban misleading...
On 17 January 2024, the European Parliament voted to adopt the Directive on Empowering Consumers for the Green Transition (the ECGT Directive), which seeks to protect consumers from various misleading...
19/01/2024
CBAM: Just over a week to comply
As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to...
21/12/2023
National Hydrogen Strategy 2023
German government agrees to update the National Hydrogen Strategy.After lengthy discussions, the German government presented the National Hydrogen Strategy (NHS) in June 2020, giving hydrogen a key role...
08/12/2023
COP28: Global Health Under the Spotlight
Health took centre stage at the first ever ‘Health Day’ at COP28 on 3 December. The program focused the attention of world leaders on the profound public health-related issues stemming from climate...
05/12/2023
CMS advises Federal State of Hesse on successful award of Frankfurt Justice...
Frankfurt/Main – The Federal State of Hesse has awarded a major contract in the mid-triple-digit millions range involving a public private partnership (PPP), via its state agency for construction and...