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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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July 2020
Glob­al Pub­lic Pro­cure­ment Bro­chure – 2020
With over 150 pub­lic pro­cure­ment spe­cial­ists world­wide, the CMS Pub­lic Pro­cure­ment Group of­fers you out­stand­ing reach and ca­pa­city. CMS provides pub­lic tender sup­port in 36 jur­is­dic­tions. Our spe­cial­ists...


01 June 2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
01 June 2021
First in­sect product gran­ted nov­el food ap­prov­al in the EU
On 3 May 2021, the European Com­mis­sion’s Stand­ing Com­mit­tee on Plants, An­im­als, Food and Feed (“PAFF Com­mit­tee”) voted in fa­vour of a draft leg­al act au­thor­ising dried yel­low meal­worm to be placed...
28 May 2021
Pub­lic pro­cure­ment reg­u­la­tion and law in Ger­many
Oc­to­ber 2018The 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...
19 May 2021
In a bomb­shell and boost for cli­mate ac­tion Ger­many ap­proves amend­ment...
After the Ger­man Fed­er­al Con­sti­tu­tion­al Court de­clared parts of the 2019 Ger­man Cli­mate Change Act un­con­sti­tu­tion­al in March 2021, the Fed­er­al Cab­in­et swiftly ap­proved an amend­ment on 12 May 2021...
17 May 2021
Sus­tain­able tax­onomy in the avi­ation sec­tor: European Com­mis­sion pub­lishes...
In the avi­ation sec­tor, identi­fy­ing "green" eco­nom­ic activ­it­ies and pro­jects is not an easy task. The European Com­mis­sion has pub­lished Steer­'s study on the cri­ter­ia to be taken in­to ac­count when es­tab­lish­ing...
23 April 2021
The Road to COP26: Our 101 on COP26
COP26 is sched­uled to take place from Monday 1st Novem­ber – Fri­day 12th Novem­ber 2021 in Glas­gow. It was ori­gin­ally in­ten­ded to take place last Novem­ber but was post­poned due to COV­ID-19.  It brings...
18 March 2021
The Value and In­teg­ra­tion of Biod­iversity in Busi­ness De­cision Mak­ing
The Re­view of The Eco­nom­ics of Biod­iversity by Pro­fess­or Sir Partha Dasgupta com­mis­sioned by the UK Treas­ury was pub­lished on 2 Feb­ru­ary 2021[1]. The Re­view was tasked to as­sess the eco­nom­ic be­ne­fits...
03 March 2021
Draft Amend­ment to En­ergy Act re­gard­ing the reg­u­la­tion of hy­dro­gen net­works
On 10 Feb­ru­ary 2021 the Ger­man gov­ern­ment passed the draft of an amend­ment to the En­ergy Act which con­tains new pro­vi­sions for the reg­u­la­tion of hy­dro­gen net­works. The pur­pose of the amend­ment to the...
01 March 2021
The Glob­al Sul­phur Ban – One Year On
Since 1 March 2020 all mar­ine ves­sels have been sub­ject to a ban from car­ry­ing on board high sul­phur mar­ine fuel oil (“HSFO”) with sul­phur con­tent great­er than 0.50% un­less they have a ‘scrub­ber’...
09 February 2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
CMS ad­vises DRK Fulda on set­ting up coronavir­us vac­cin­a­tion centres
Frank­furt/Main – The Fulda branch of the Ger­man Red Cross (DRK) is start­ing op­er­a­tion of two vac­cin­a­tion centres in the fed­er­al state of Hesse, to­geth­er with a num­ber of loc­al part­ners.An in­ter­dis­cip­lin­ary...
CMS ad­vises DIC As­set on ac­quis­i­tion of LOOK21 build­ing in Stut­tgart
Frank­furt am Main – DIC As­set AG has ac­quired sec­tion B of the LOOK 21 prop­erty in the centre of Stut­tgart for around EUR 122 mil­lion on be­half of a spe­cial AIF, with ef­fect from the start of the new...