Public Commercial Law & Regulation
We advise companies wherever public authorities have a say – in public procurement, export and foreign investment control, sanctions, state aid, public funding and regulatory proceedings.
We advise companies that compete for public contracts, operate under regulatory supervision or trade across borders.
Our clients include in particular
Dealings with public authorities often become urgent because of short deadlines, missing permits or adverse decisions. We most frequently assist in the following situations.
A tender may be commercially attractive, but the documents impose strict formal requirements. We review eligibility, bid strategy and potential exclusion grounds so that the bid remains compliant.
The contracting authority intends to award the contract to a competitor. A timely complaint and review application can subject the decision to scrutiny and initially prevent the award from being made.
Products, technology or software may have both civilian and military uses. We classify dual-use items, assess the recipient and end use, and support any required export licence application.
EU sanctions rules change continually. We assess specific transactions, implement current sanctions-list and ownership screening, and reduce compliance risks in supply and payment relationships.
The acquisition of a stake in your company may be subject to investment control. In security-relevant areas notification duties apply, and completion is blocked until clearance. We assess the filing requirements and manage the procedure through clearance.
Public grants and state aid come with conditions. Breaches of state aid law or of the ancillary provisions can lead to recovery. We review eligibility, notification requirements and the applicable conditions.
A regulatory condition, prohibition or fine affects your business. Objection, an action to set aside and interim relief are subject to deadlines. We assess the prospects and challenge the decision using the appropriate remedies.
New or tightened regulation requires permits, evidence and ongoing compliance. We clarify the requirements, support licensing procedures and represent your interests before the supervisory authority.
From the international business of German companies to the market entry of foreign providers, we coordinate regulatory matters in both directions.
German Companies Abroad
You export, trade or bid across the border.
International Companies in Germany
You are entering the German and European market from abroad.
An unsuccessful bidder in a procurement procedure must act quickly. The available remedies follow clear steps and particularly short deadlines.
Short deadlines require a prompt and reliable assessment. We review your position in confidence and take the necessary action.
Public procurement law governs how public authorities must award contracts. Above certain EU thresholds, the strict procurement law of the GWB and its regulations (such as the VgV) applies; below them, national budgetary procurement law applies. The aims are competition, transparency and equal treatment of bidders. For companies this means formal requirements for the bid, but also enforceable rights where the awarding body makes mistakes. We guide bidders and contracting authorities through the entire procedure.
Above the EU thresholds, bidders have access to primary legal protection. The precondition is a timely objection: breaches identified must be objected to immediately, at the latest within ten calendar days of becoming aware, to the contracting authority (Section 160 GWB). If it does not remedy the breach, an application for review can be made to the procurement tribunal within 15 calendar days of the notice; until the decision, the contract may not be awarded. The tribunal usually decides within five weeks, and its decision can be appealed. We act at once within these short deadlines.
Export control restricts the export of certain goods, technologies and software from Germany and the EU. The basis is the Foreign Trade Act (AWG), the Foreign Trade Ordinance (AWV) and the EU Dual-Use Regulation. Affected above all are dual-use goods that can be used for civil and military purposes, as well as military goods. Depending on the item, destination and intended use, an export licence may be required. Every company must check for itself whether its exports are caught. We classify the goods, obtain licences and set up internal controls.
The EU sanctions regime, in particular against Russia, is continually expanded; anyone screening against an outdated status may no longer be compliant. Depending on the regime, dealings with listed persons and companies and with certain goods and sectors are prohibited. The former grace period of two working days after publication of new sanctions has been removed, so sanctions list screening effectively has to happen in real time. Intentional breaches can be punished with imprisonment. We set up the screening processes and assess specific transactions.
Where an investor from outside the EU acquires shares in a German company, the Federal Ministry for Economic Affairs may review the acquisition under the Foreign Trade Ordinance. In security-relevant areas such as critical infrastructure, defence or certain technologies, notification duties apply, sometimes from low shareholding thresholds. Notifiable acquisitions may only be completed after clearance, which is why the review belongs early in the timetable. We clarify whether it applies and manage the procedure, aligned with the transaction.
EU state aid law (Article 107 TFEU) generally prohibits state benefits that favour certain undertakings and distort competition, unless they are exempted or approved by the Commission. If aid is granted unlawfully, it may be recovered with interest, including from the recipient company. For public funding, the ancillary provisions of the grant decision apply in addition. We clarify admissibility under state aid law, support notifications and safeguard the use of public funding.
Adverse administrative acts can be challenged by objection and by an action to set aside, both subject to deadlines, as a rule within one month. If the decision has immediate adverse effect, interim relief can additionally be sought to suspend enforcement. What matters is a precise review of the legal basis, the exercise of discretion and procedural errors. We assess the prospects soberly and represent you in the administrative procedure and before the administrative courts.
Many sectors are subject to special supervision and licensing, for instance in energy, financial services, health or telecommunications. This means licensing requirements, ongoing reporting and evidence duties and supervision by an authority. New or tightened requirements, including from EU law, call for early adaptation of processes and contracts. We clarify the requirements for your business model, support licensing procedures and represent you before the supervisory authority.
Breaches of foreign trade law are not a minor matter. Depending on severity, the consequences range from fines through confiscation of proceeds to imprisonment; intentional breaches can be punished with several years' imprisonment, and considerably more in particularly serious cases. The revocation of licences and significant reputational damage come on top. A functioning internal control system mitigates penalties and is the best precaution. We build this system and defend if the worst happens.
Public funding is granted by a grant decision that sets the purpose, amount and numerous ancillary provisions, for instance on use, evidence and compliance with procurement law for funded purchases. If these conditions are breached, the funding may be recovered in whole or in part. Clean applications and documented, decision-compliant use are therefore important. We support the application, use and proof of use, and defend against recovery.
