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Public Procurement Law

Our team can advise you on all issues that arise at a national and international level in connection with public procurement law. Whether you are a contracting authority or a bidder – we are an experienced partner when it comes to supporting you in a public procurement process so as to obtain the best possible result. We use our extensive legal and economic expertise creatively in our work – including at the interfaces between public procurement law and budget, European and public business law – with a view to optimally implementing your public procurement strategy.

You can rely on our many years of experience and our in-depth knowledge when preparing and carrying out the award of public contracts: we structure the entire public procurement process, draft the tendering documents, assist you with the evaluation of the bids, and conduct the contract negotiations. If you are a company, we have the necessary expertise to provide you throughout the public procurement process with top-quality legal and strategic advice.

We keep an eye on funding projects already at the political planning stage. As a result of this awareness in combination with our excellent industry knowledge, notably in the areas of Energy, Health Care & Life Science, Information Tech & Telecommunication, Mobility & Logistics, and Real Estate & Infrastructure, we know at an early stage about any subsidies that could be of interest to our clients. We monitor the development of funding programmes and subsequently advise you on how to best use the funds for your business activities.

We work out precise answers to your questions in all areas of public procurement law. As a full-service law firm, we can draw on the professional knowledge of our colleagues from other fields of law and, therefore, always come up with the best possible solutions to your problems.

Our range of advisory services

Advice to the public sector
  • Structuring the public procurement process
    • Clarifying issues in advance, e.g. whether an obligation exists to organise an invitation to tender/choice of the procurement process
    • Preparing flow charts
    • Drafting tendering documents
  • Advising on how to award contracts electronically
  • Drafting procedure letters
    • Developing evaluation models
    • Drafting industry-specific contracts 
  • Providing on-going advice during public procurement processes
    • Handling bidder queries and complaints
    • Coordinating the entire public procurement process in the relevant panels
  • Advising on public procurement law in the field of IT
  • Evaluating bids
    • Assisting with the evaluation of bids
    • Making proposals for the award of contracts 
  • Assisting with the final negotiations/the conclusion of the contract
    • Conducting contract negotiations
    • Documenting the public procurement process
Restructuring of public sector companies
  • Advising on in-house and in-state transactions that do not require a public procurement process
  • Developing models that do not give rise to (new) obligations under public procurement law for the provision of the required services in municipal corporations
Advice to companies in connection with public procurement processes
  • Providing legal and strategic support throughout the public procurement process
  • Reviewing the contract award conditions
  • Drafting bidder queries and letters of complaint
  • Assisting with the contract negotiations
  • Advising on how to prepare bids with a special focus on the criteria defined by the contracting authority
Legal protection

Representing contracting authorities or bidders

  • before the European Court of Justice
  • before the ordinary courts of law or administrative courts
  • in subsequent review proceedings before the competent public procurement chamber and the competent higher regional court
Advice in relation to funding projects
  • Advising beneficiaries
    • preventively on how to comply with the requirements stipulated in the subsidy approval notice
    • in the event of an imminent revocation of subsidies granted
  • Carrying out public procurement reviews (e.g. on behalf of state banks)
Advice in relation to the award of licences
  • Providing advice on the award of contracts regarding the use of transport routes for electricity and gas pursuant to Section 46 German Energy Industry Act (EnWG)
  • Providing advice on the award of service licences (e.g. supply of drinking water, day-care centre/school meals, broadband cable)

News

SHS successfully procures 60,000 tonnes of green hydrogen from VE Hydrogène 1 S.A.S. with Luther's assistance
10.09.2025
SHS successfully procures 60,000 tonnes of green hydrogen from VE Hydrogène 1 S.A.S. with Luther's assistance
A glowing lightbulb sits amidst a green globe, surrounded by icons representing renewable energy and sustainability, including a house, solar panels, a wind turbine, a water droplet, a plant in hands, and a recycling symbol, emphasizing environmental care and energy conservation.
27.02.2025 Blog
The Clean Industrial Deal – The European Commission's new roadmap for strengthening competitiveness and decarbonising European industry
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01.07.2024 Press Release
Healthcare: Luther supports the state of Brandenburg in establishing the Medical University of Lusatia
A shiny silver trophy overflows with colorful confetti and ribbons. The background features a festive blur of lights, suggesting a celebration or achievement.
27.06.2024
At the start of the new financial year 24/25: Luther promotes six partners and six counsel
The image features a surveillance camera against a digital backdrop, illustrating themes of security and biometric identification. Symbols include a fingerprint and human figures, emphasizing the intersection of technology and personal identification in a modern surveillance context.
21.05.2024
Security for Essen: Luther advises RGE Servicegesellschaft Essen on awarding security and service contracts
A person in a business suit reaches out with their hand, interacting with various digital icons representing financial services, payment options, and business tools, set against a blurred city skyline background, symbolizing technology and innovation in finance.
26.02.2024 Press Release
Luther accompanies the Free State of Bavaria: Launch of the payment card system for asylum seeker benefits
A close-up view of a child using a tablet for studying in a classroom setting. The child holds a stylus and interacts with the device, focused on their task, while another student is visible in the background, engaged in similar activities.
21.02.2024 Press Release
Future strategy: Luther implements measures for the digitalisation of school processes for the NRW Ministry of Education
A large industrial power plant is depicted, featuring tall smokestacks emitting smoke. The plant is situated near a body of water with mountains in the background, and the sun is rising, casting a warm glow over the scene.
07.02.2024
Luther advises on the largest Net Zero project in the European steel industry - EUR 2.6 billion funding approved for the use of green hydrogen
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25.01.2024
Luther secures pioneering technology partnership for Braunschweig Hospital
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27.10.2023 Press Release
JUVE Awards 2023: Luther is Law Firm of the Year for Public Procurement Law and Trade, Distribution and Logistics

Key Contact >>

Key Contact

Dr. Stefan Mager

Dr Stefan Mager

Partner

T +49 201 9220 24014

View Profile >>

Team Public Procurement Law

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Caroline Ackermann
Partner
Munich

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Hannah Aigner
Senior Associate
Munich

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Darja Amelcenko, LL.M.
Senior Associate
Berlin

[Translate to English:] Małgorzata Albe, LL.M.

Małgorzata Albe, LL.M.
Junior Consultant
Leipzig

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Sabrina Behbehani
Senior Associate
Munich

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Rolf Corsten
Of Counsel
Dusseldorf

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Eric Doyé
Associate
Leipzig

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Stephan Finck
Partner
Leipzig

Katharina Stefanie Franke
Senior Associate
Essen

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Dr Thomas Gohrke
Partner
Hanover, Leipzig

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Dr jur Stephan Götze
Partner
Berlin

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Jakob Gauly
Associate
Dusseldorf

Julian Günniker

Julian Günniker
Associate
Essen

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Steffen Häberer
Partner
Leipzig

A professional woman with short brown hair and a friendly smile is wearing a dark blazer and a light blue shirt. She is looking directly at the camera against a neutral background, exuding confidence and approachability.

Dr Rut Herten-Koch, M.A.
Partner
Berlin

A smiling man with short brown hair and glasses is wearing a dark suit and a bright red tie. He is positioned against a neutral gray background. The overall expression is friendly and professional.

Dr Henning Holz, LL.M.
Counsel
Hanover

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Nina Hahnke
Senior Associate
Essen

Andrea Heim

Andrea Heim
Senior Associate
Stuttgart

Charlotte Jodocy

Charlotte Jodocy
Senior Associate
Essen

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Karsten Köhler
Partner
Leipzig

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Dr Piotr Kwiatkowski, LL.M.
Counsel
Essen

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Dr Franziska Klaß-Dingeldey, MLE
Senior Associate
Hanover

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Dr Jana Karras
Associate
Leipzig

Nina Klünker, LL.M. (KCL)

Nina Klünker, LL.M. (KCL)
Associate
Berlin

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Jan Lachhein
Senior Associate
Dusseldorf

Dr. Stefan Mager

Dr Stefan Mager
Partner
Essen

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Achim Meier
Partner
Essen

Matthias Mehlwitz, LL.M.

Matthias Mehlwitz, LL.M.
Counsel
Essen

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Annkatrin Merzig
Senior Associate
Essen

Simon Magers

Simon Magers
Associate
Hanover

Marie Meier
Associate
Essen

A professional man with a well-groomed beard and short dark hair is smiling. He is wearing a dark blue suit, white shirt, and a tie. The background is a light gray, providing a clean and polished appearance.

Daniel Naumann
Partner
Leipzig

Tobias Osseforth, Mag. rer. publ.

Tobias Osseforth, Mag. rer. publ.
Partner
Munich

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Ulf-Dieter Pape
Partner
Hanover

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Henner M. Puppel
Partner
Essen

[Translate to English:] Julian Plötz

Julian Plötz
Associate
Leipzig

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Martin Steuber, LL.M.
Partner
Dusseldorf

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Jenny Schindler
Senior Associate
Munich, Hamburg

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Sophie Schulz
Senior Associate
Leipzig

[Translate to English:] Matthias Schaut

Matthias Schaut, LL.M. (Duke)
Associate
Essen

Morten Steimann, Rechtsanwalt

Morten Steimann
Associate
Essen

Henrike Sophie Tröger

Henrike Sophie Tröger
Associate
Leipzig

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Dr Melanie Verstege
Counsel
Essen

Credentials

IT.Niedersachsen (IT.N) - Providing public procurement law advice. Luther advises IT.N on preparing and implementing the EU procurement procedure and on drafting the complex contract for the provision of telecom-munications and IT services
Landesnahverkehrsgesellschaft Niedersachsen mbH (LNVG) - Providing on-going public procurement law advice the local public transport company of the State of Lower Saxony, with regard to the pro-curement of vehicles
Transport company of a large city - Providing public procurement law advice with regard to the allocation of advertising rights in underground stations
Institute for Federal Real Estate (BImA)/Federal Office for Information Security (BSI) - Providing comprehensive public procurement and contract law advice regarding the building of new BSI offices in Bonn. Preparing and implementing a PPP ten-der, preparation of tender documents, legal negotiations. First PPP project for the Federal Government for a national security authority.
Institute for Federal Real Estate (BImA)/Federal Ministry of Education and Research (BMBF) - Providing legal advice during construction work on the construction of the so-called 'House of the Future' (now 'Futurium') for the Federal Ministry of Education and Research in Berlin. Luther already provided the contracting au-thority with advice on all the issues relating to structuring the tender, drafting the contracts and conducting negotiations. First PPP building construction project for the Federal Government with integrated architectural competition.
The district of Burgenlandkreis in Saxony-Anhalt - Advising on the awarding of rescue services, providing representation in the award review procedure before the Halle Public Procurement Chamber.
A medical device manufacturer - Providing legal advice and providing representation in an award review procedure regarding the procurement of medical ventilators
Städtisches Klinikum Braunschweig gGmbH - Preparing and implementing an EU procurement procedure for the municipal hospital in the form of a competitive dialogue following a preliminary competition to select a technology partner for the procurement and operation/management of ultrasound equipment