Professional Documents
Culture Documents
in Germany
Union, principally financed by the EU.
© OECD
Special features of the German
Public Procurement Law
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
Economic importance of
public contracts
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
General character of EEC
secondary law
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
Adaptation of German Law to
Directive 89/665/EEC of 21
December 1989
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
Directive´s new aspects for
German law
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
Division of German review
system into two parts
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
A joint initiative of the OECD and the European
Union, principally financed by the EU.
above thresholds.
In the following: focus on
tendering procedures
© OECD
Institutions in charge
A joint initiative of the OECD and the European
Union, principally financed by the EU.
● 1st instance:
Public Procurement Tribunals. Legal
status: part of the administration.
Attention: Directive demands „courts“,
but: not necessarily in a constitutional
sense.
● 2nd instance:
Higher Regional Courts (pp chambers).
● 3rd instance? No (but see below).
© OECD
Germany as a Federal State –
consequences for the institutions in charge:
A joint initiative of the OECD and the European
● 1st instance:
Union, principally financed by the EU.
© OECD
Composition of PPTs in
1st instance:
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
The two major requirements for
applications at the PPT in German law:
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
Basis for these requirements for
A joint initiative of the OECD and the European
applications:
Union, principally financed by the EU.
© OECD
Review procedures are only
available for:
A joint initiative of the OECD and the European
●
particular public contract and
● Who risk being harmed by an alleged
infringement
© OECD
Jurisdiction of Germany´s
Federal Court of Justice:
A joint initiative of the OECD and the European
© OECD
Strict legal consequence for the
tenderer concerned:
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
Consequence of the formalistic
approach:
A joint initiative of the OECD and the European
Union, principally financed by the EU.
Advantage: Economic
Transparency, as disadvantage:
strict consequence ⇒ often the formally
does not depend on most correct offer
significance is being selected
⇒no litigation about: for the award, not
which missing the economically
reference etc. is advantageous offer
significant and
justifies the exclusion
of the tenderer?
© OECD
Necessary previous actions of
the applicant:
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
Tribunal procedure 1st instance
A joint initiative of the OECD and the European
© OECD
●Partiesmay inspect the files.
Exception: competitor´s business-
secrets
A joint initiative of the OECD and the European
Union, principally financed by the EU.
●Investigation principle
© OECD
Most important effect of the
review procedure:
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
Contracting authority´s „weapon“
against automatic suspension:
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD
2nd instance
A joint initiative of the OECD and the European
Union, principally financed by the EU.
© OECD