Public Law and Public Procurement Law

The interaction between the government and the private sector is characterised by numerous regulations that do not only change frequently, but are also periodically determined by European legislation and jurisdiction. This includes plan approval and permit procedures as well as public tenders and subsidies. Even a legal expert may easily lose track. Due to this complexity, detailed knowledge and extensive practical experience in these areas of law are necessary.

With a team of highly specialised lawyers, Orth Kluth provides services covering almost the entire spectrum of regulatory and public law for business. Companies, public clients and private individuals benefit equally from our experience in all questions of state and administrative law, including procedural matters.

Our advice focuses on public procurement law, which includes supporting public clients as well as private and public companies, encompassing the field of public construction law. In addition, our lawyers in the field of public law cover all aspects of planning regulations, environmental law and subsidies. If required within the framework of a project, we are also able to involve our partners specialising in other legal fields such as contract law, insurance law or private construction law.

Our team of experts in the field of the rail sector provides special expertise as well as experience in both the public transport (ÖPNV and SPNV) and railway law sectors.

Good work gets around. We frequently receive requests, in particular for legal opinions on procurement law issues of all kinds. We are pleased to share our knowledge, please contact us to discuss our individual concepts for in-house training.

Procurement law

Analysis of the competitive market environment; assistance in drafting tender documents or tenders within the framework of (European) tender procedure; legal advice during the entire tender procedure; extrajudicial and judicial representation.

Public construction law

Counselling on major construction projects ranging from conception to sales; Federal building regulations and planning law; building permit procedures; counselling on the planning of architectural and industrial facilities (urban land-use plans, development plans, land use plans); representation in court (e.g. actions for granting a building permit, defence of ordinances regarding building regulations or contestation proceedings against third parties).

Planning law

Counselling in the planning of facilities and support of emission control approval procedures; counselling of authorities and project developers in the planning of infrastructural projects, in particular highways; energy pipelines and airports; counselling particularly with regard to compliance with the European legal requirements (e.g. Habitats Directive and Birds Directive); litigation in legal proceedings concerning planning approval and permit decisions.

Environmental law

Waste law (KrW-/AbfG); water law; emission control law (BImSchG); counselling and drafting of contracts with regard to contaminated sites (BBodSchG) and environmental damage; legal disputes concerning the relationship between industrial plants and residential buildings.

Subsidy law

Counselling and drafting of contracts in subsidy law matters; examination of state subsidies according to national and EU law; counselling and representation in court relating to the reimbursement of subsidies.

Substance and product law

Advice on public law obligations regarding handling, transport, registration, packaging and labelling of substances and products, in particular REACH Regulation, CLP Regulation, prohibited or hazardous chemicals and substances subject to authorisation, Electrical and Electronic Equipment Act (ElektroG) and RoHS Directive, Machinery Directive; representation and coordination (also anonymously) with authorities and market surveillance authorities.