Home / Europe / Germany / Public Commercial Law & Procurement

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

Choose area

Environmental Law
Specialists in environmental lawWhen preparing for and carrying out complex approval and planning procedures, as well as during ongoing operation of i
Foreign trade
Trade is becoming increasingly internationalTrade relations are now less and less likely to be restricted to the domestic market. Companies wishing to
Public Commercial Law & Procurement
Public construction and planning law, project development
The challenge of construction and infrastructure ProjectsMajor public infrastructure and construction projects present the parties involved with an ar
Public Commercial Law & Procurement
Subsidy Law
Complex rules on state subsidiesThe public sector provides subsidies in the form of grants, but also by means of low interest loans, guarantees, suret
Procurement Law
Challenges around awarding contractsMore than ten per cent of the GDP of the EU member states is generated by activity which is subject to procurement
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...


UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
Pub­lic pro­cure­ment reg­u­la­tion in Ger­many
Oc­to­ber 2018 The pro­cure­ment dir­ect­ives 2014/23/EU, 2014/24/EU, and 2014/25/EU were trans­posed in­to Ger­man law on 18 April 2016. 1. Where can one find pub­lic pro­cure­ment no­ti­fic­a­tions for Ger­many? Be­sides...
CMS ad­vises EnBW on in­vest­ment by Alte Leipzi­ger Halles­che in­sur­ance group...
Stut­tgart – EnBW En­er­gie Baden-Württem­berg AG has sold 49.9% of the shares in a port­fo­lio com­pris­ing 16 sol­ar parks with a total rated out­put of 597 MW. The plants in Branden­burg, Baden-Württem­berg...
In­ter­na­tion­al CMS team ad­vises UK-Ger­man €2.8 bil­lion in­ter­con­nect­or pro­ject...
Ham­burg/Lon­don – Neu­Con­nect, to­geth­er with a con­sor­ti­um of more than 20 na­tion­al and in­ter­na­tion­al banks and fin­an­cial in­sti­tu­tions, has reached fin­an­cial close for the Neu­Con­nect in­ter­con­nect­or pro­ject...
All clear for nat­ur­al gas ex­trac­tion in North Sea – CMS ad­vises GEMS con­sor­ti­um
Ham­burg – Fol­low­ing sev­er­al months of ne­go­ti­ations, ONE-Dy­as, Nep­tune En­ergy and Hansa Hy­dro­car­bons reached an agree­ment with the re­gion­al gov­ern­ment of Lower Sax­ony on 30 June 2022 on a joint de­clar­a­tion...
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
CMS Ex­pert Guide on rising raw ma­ter­i­al prices in Ger­many
1. Have spe­cif­ic le­gis­lat­ive or reg­u­lat­ory pro­vi­sions been ad­op­ted by the Gov­ern­ment in re­la­tion to the in­crease in the price of raw ma­ter­i­als? The Fed­er­al Min­istry of Build­ing and Re­gion­al Plan­ning...
CMS ad­vises Heng­tong on ac­quis­i­tion of LE­ONI-owned j-fiber
Ham­burg – Lis­ted Chinese power cable and op­tic­al fibre man­u­fac­turer Heng­tong has ac­quired all the shares in j-fiber GmbH, which is part of LE­ONI AG. The deal is be­ing handled via Heng­tong sub­si­di­ary...
CMS ad­vises Hanseat­ic En­ergy Hub on entry of Dow
Ham­burg – The chem­ic­al com­pany Dow is par­ti­cip­at­ing as a fur­ther part­ner in Hanseat­ic En­ergy Hub GmbH, the pro­ject com­pany for the fu­ture LNG ter­min­al at St­ade in­dus­tri­al park (Lower Sax­ony), near the...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
The European Green Deal in ac­tion: sig­ni­fic­ant new cir­cu­lar eco­nomy meas­ures...
On 30 March 2022, the European Com­mis­sion (“EC”) presen­ted a pack­age of meas­ures in­ten­ded to make sus­tain­able products the norm in the EU, fa­cil­it­ate cir­cu­lar busi­ness mod­els and em­power con­sumers...
Post-Brexit: UK plaintiffs must provide cost se­cur­ity for pro­ceed­ings in...
Last year, long lorry jams made it clear to every­one what con­sequences Brexit will have for cross­ing the bor­der to main­land Europe. Far less known is the hurdle which UK com­pan­ies must over­come when they...