Public Procurement & State Aid

Public Procurement & State Aid

What sets us apart in public procurement law…

Procurement law has always been an interdisciplinary topic. Well-founded advice therefore regularly requires interdisciplinary collaboration with the simultaneous involvement of specialists from the fields of law, engineering and business. Our clients appreciate the fact that we can offer this one-stop service through the multidisciplinary consulting approach that we have operated for several decades in the BDO network. Thanks to this, we avoid unnecessary transfer losses while ensuring the highest level of cost discipline to our client’s benefit. The consultants from BDO Legal have profound expertise in advising the public sector when it comes to preparing and implementing legally compliant (pan-European) procurement procedures. We support private companies with great success in optimising their chances of securing public contracts. Furthermore, we represent our clients in review proceedings by public procurement review bodies (procurement supervisory committees, district courts), in the assertion of claims for damages and in access to other remedies. Another focus of our activity is support for public procurement agencies in the establishment of systems of the contract and claims management, which has become increasingly important in recent years.

How we can support you in the field of state aid law…

Public financial grants that are not typical of market conditions may constitute aid within the sense of EU state aid rules. Both the awarding authority and the recipient are responsible for compliance with the provisions of state aid law. The legal form of the company is not relevant here. In addition, state aid legislation can be significant in almost any area in which public funds are handed over to companies (e.g. hospitals, municipal utilities, culture, economic development).

It is not only immediate financial benefits that constitute contributions pertinent under state aid law, but many other benefits that are not typically qualified by the parties as state aid (e.g. capital increases, transfer of state-owned land, providing of staff, selling and purchasing of public investments).

Where state aid exists, it must always be registered for approval in advance with the European Commission. If aid is granted in violation of state aid law, there is a risk of recall. However, there are a number of exceptions that exempt aid from approval requirements if the preconditions of the relevant exception are strictly followed.

We support the public sector in the classification and evaluation of grants. With our standardised checklists, we can quickly identify scenarios and identify risks. We also provide support in the implementation of the required actions (e.g. the act of entrustment) and in any communication with and between authorities.

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