Germany: Public Procurement
German public procurement lawyers, like their counterparts elsewhere in the EU, have had to grapple with the host of new regulations that have been handed down from the Commission in recent years. The adoption of the Remedies Directive among member states in 2009, which improves unsuccessful bidders’ rights to challenge contract awards, and the implementations of new rules in 2011 to improve market access for small and mid-sized companies and allow for greater cross-border procurement activity, have led to more activity in both contentious and non-contentious work. As EU-wide scrutiny of public spending takes centre stage in the ongoing sovereign debt crisis, the 12 lawyers we list in this section will continue to see their skills tested.
Orrick Hölters & Elsing fields two lawyers. Heiko Höfler is considered “first rate” by peers for his real estate, building and project development work, which draws heavily on his “excellent” knowledge of EU, state aid and procurement law. At the same firm, Wolfram Krohn comes recommended for his disputes expertise as well as his “leading” knowledge of public property development and construction transactions.
Heuking Kühn Lüer Wojtek is similarly well represented. Martin Schellenberg is “very highly thought of” for his work in public transport, services, infrastructure development, waste management and state aid, while Ute Jasper is lauded for her work in the energy sector as well as her “world class” knowledge of municipal law and public funds.
Jan Byok heads the international public sector practice group at Bird & Bird and is noted for his “expert” understanding of the public health, utilities, energy and communications sectors as well as his “very strong” competition and cartel work.
Hans-Joachim Prieß is the head of Freshfields Bruckhaus Deringer LLP’s public procurement group and regularly acts for governments, trade associations and multinationals in disputes before the European courts and German procurement review bodies. Prieß has also assisted Federal Ministry of Economics with the reform of Germany’s public procurement regulations, and boasts “extensive” knowledge of competition, trade and planning law.
Noerr’s Olav Wagner is noted for his work in public private partnerships (PPP) and project development matters and is an “outstanding public sector expert” according to respondents to our survey.
Olaf Otting heads the public law practice at Gleiss Lutz and provides “invaluable” advice to tenderers and contracting authorities in planning, construction and real estate matters as well as PPP projects.
The “very highly regarded” Volkmar Wagner acts for public and private companies as well as public authorities in procurements and PPP projects, with a particular focus on environment, energy and property law, and he represents CMS Hasche Sigle in this section.
K&L Gates LLP sees “top tier” government contracts and procurement partner Friedrich Ludwig Hausmann earn a prominent listing in this chapter for his “high profile” projects work on behalf public sector companies and consortia, including Hochtief/Strabag, ÖPP Deutschland and Berlinwasser Group.
At GÖRG Partnerschaft von Rechtsanwälten, “thought leader” Lutz Horn is recommended for his work in major PPP and procurement transactions, with a particular focus on energy, infrastructure and real estate development.
Berthold Mitrenga’s “broad-based” practice encompasses sectoral planning, environmental, defence procurement and agribusiness law and sources describe him as a “go-to-guy” at Beiten Burkhardt Rechtsanwaltsgesellschaft mbH.