Search
Contact
29.11.2013 | KPMG Law Insights

European Union to invest around one trillion euros from 2014 to 2020

Dear Readers,

After many years of negotiations, the EU Parliament has approved the budget for the years 2014 to 2020. Considerable importance is attached to research and development: EU funding for research and business in the member states will be significantly increased and will also be made more accessible. You can find more information and background on this in our first article.

In this issue, we also report on the new ERASMUS+ program, which was also approved by the European Parliament.

That universities are entrepreneurial is nothing new. The fact that this is now also measurable online, however, is. Read our article on the EU project “HEInnovate”. In addition, we report on the guidelines recently drawn up by the German Rectors’ Conference on the franchising of degree programs and the EU Commission’s guidelines on the evaluation of funding measures.

For those interested in public procurement law: Starting next year, the threshold values will change. Finally, we do not want to deprive you of the decision recently issued by the Berlin Appellate Court in which the court qualifies entering into a bidding consortium as an agreement restricting competition.

We wish you a wonderful Advent season

Sincerely yours

Public Sector Team of KPMG Rechtsanwaltsgesellschaft mbH

Mathias Oberndörfer

Lawyer

Dr. Anke Empting

Attorney at Law

 

Financial injection for HORIZON 2020

After two and a half years of negotiations, on November 19, 2013, the European Parliament approved the EU’s financial framework for the period from 2014 to 2020, paving the way for adoption by the European Council, which is expected in December. The European Union plans to invest around one trillion euros from 2014 to 2020.

The research and innovation program Horizon 2020 is to be supported with almost 80 billion euros. This will increase funding by about 30 percent over the current budget.

In the opinion of the EU Commission, increased investment in research and development must be promoted throughout the EU in order to achieve the core goal of the Europe 2020 strategy of investing 3 percent of GDP in the research and development sector.

ERASMUS+ goes live

The EU program “Erasmus” for education and training will be called ERASMUS+ in the future and – according to the decision of the EU Parliament on November 19, 2013 – will combine all current EU programs for education, training, youth and sport. The program is scheduled to start on January 1, 2014.

ERASMUS+ is initially designed for seven years. A budget of 14.7 billion euros is available – around 40 percent more than for the previous individual programs. More than 4 million people are expected to receive subsidies during the grant period. New features include the ability for students to take advantage of a student loan guarantee instrument to complete a full master’s degree abroad.

 

 

State aid: Presentation of the Guide for the Evaluation of Subsidy Programs

As part of its extensive EU state aid law reform, the EU Commission plans to introduce a more systematic assessment of public spending. In particular, ERDF funds, cohesion funds and ESF funds in the 2014 – 2020 program period are under scrutiny.

Against this background, the EU Commission published draft methodological guidance on November 22, 2013, which is the subject of a public consultation process up to and including January 24, 2014.

The guide is intended to enable government agencies to comprehensively evaluate public support systems – for example, whether and how efficiently the respective goals have been achieved. To establish minimum standards for assessment modalities and techniques in order to promote a common approach across Member States, thereby ensuring higher quality assessments.

 

Measuring entrepreneurial dimensions of universities

On November 18, 2013, the EU Commission and the Organization for Economic Cooperation and Development (OECD) presented the “HEInnovate” project. On this website, universities can self-evaluate their performance in categories such as governance and teaching. The issue is also the extent to which they validate the acquisition of entrepreneurial skills and the extent to which they maintain close relationships with incubators and science parks.

The site produces an assessment report that identifies the strengths and weaknesses of the university. At the same time, links to examples of best practices are provided to help improve the university’s entrepreneurial performance.

The German Rectors’ Conference (HRK) adopted guidelines for the franchising of degree programs at its general meeting on November 19, 2013. The background: universities can have study programs carried out by a university or non-university partner, whereby the academic degree is still awarded by the university.

The HRK now recommends five main points to ensure quality assurance:

  1. Clarify whether the franchise degree program is consistent with the university’s profile;
  2. the educational objectives of the university and the franchisee coincide;
  3. the contractual design of the franchise model must ensure quality assurance in particular;
  4. Students should be comprehensively informed about the range of courses offered, degrees, and any tuition fees that may have to be paid;
  5. periodic audits of the franchisee facility’s quality assurance systems.

Bidding consortiums in the focus of the courts

In its decision of October 24, 2013 – Verg 11/13 – the Berlin Appellate Court (Kammergericht Berlin, KG) ruled that entering into a bidding consortium is in principle to be regarded as an agreement restricting competition.

In its reasoning, the court stated that the members of the bidding consortium did not, at least with regard to the tendered contract, behave in a fundamentally competitive manner among themselves. This was not compatible with the provisions of the Act against Restraints of Competition (GWB).

The EU Commission, Directorate General Internal Market and Services, has adopted a draft regulation amending the applicable thresholds of Directives 2004/17/EC, 2004/18/EC and 2009/18/EC.

As of January 1, 2014, the following new thresholds apply to Europe-wide procurement procedures:

  • Supply and service contracts of the highest or upper federal authorities and comparable federal institutions: 134,000 euros
  • Supply and service contracts awarded by sector contracting authorities: 414,000 euros
  • Supply and service contracts in the defense and security sector: 414,000 euros
  • Supply and service contracts awarded by other contracting authorities: 207,000 euros
  • Construction contracts: 5,186,000 euros

Due to the current weakness of the euro, the thresholds in this adjustment phase are somewhat higher than before.

 

 

Explore #more

29.10.2025 |

Fund Risk Limitation Act and Location Promotion Act create new scope for infrastructure funds

As the federal government’s special infrastructure fund of 500 billion euros will probably not be enough to finance Germany’s roads, networks and the energy transition,…

29.10.2025 | Deal Notifications

KPMG Law advises management board of Nürnberger Beteiligungs-AG on sale to Vienna Insurance Group

KPMG Law Rechtsanwaltsgesellschaft (KPMG Law) provided legal advice to the management board of Nürnberger Beteiligungs-AG throughout the entire public takeover process by Vienna Insurance Group…

29.10.2025 | KPMG Law Insights

BAG on pair comparison: How employers should deal with salary differences

The Federal Labor Court (BAG) has issued another landmark decision on equal pay. In its ruling of October 23, 2025 (Ref. 8 AZR 300/24),…

23.10.2025 | KPMG Law Insights

What the Federal Network Agency’s FAQs mean for storage system operators

On October 17, 2025, the Federal Network Agency published FAQs on the regulatory treatment of stationary battery storage systems (“BESS”). The FAQs are a guide…

23.10.2025 | KPMG Law Insights

What the “construction turbo” means for municipalities and building supervisory authorities

The Bundestag has passed the “construction turbo” and local authorities can now significantly accelerate certain construction projects. According to the law passed on October 9,…

22.10.2025 | In the media

KPMG Law guest article in Das Investment: Private debt for the masses: How the FRBG is turning the fund market upside down

Paradigm shift in the fund market: The new FRBG makes private debt retail-capable and creates citizen participation funds. In this article, KPMG Law expert Ulrich

20.10.2025 | KPMG Law Insights

Data centers: Requirements for emergency power generators continue to rise

When the power fails in data centers, the consequences are often severe: Data loss and system failures can cause considerable financial damage to companies. Emergency…

16.10.2025 | In the media

KPMG Law contribution to the anthology “Crypto-Asset Compliance”

KPMG Law experts Ulrich Keunecke and Marc Pussar have contributed chapter 3 on capital market and banking supervisory law aspects of crypto-assets to the anthology…

14.10.2025 | Deal Notifications

KPMG Law and KPMG advise Bühler Motor GmbH on the sale of Bühler Motor Aviation GmbH to Astronics Germany GmbH

KPMG Law Rechtsanwaltsgesellschaft (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) have advised Bühler Motor GmbH on the sale of all shares in Bühler Motor Aviation…

10.10.2025 | In the media

KPMG Law guest article in NZG: Compliance due diligence in SMEs: Minimum scope and contractual mapping of compliance risks of the target company

In the context of M&A transactions, compliance usually still plays a subordinate role in legal due diligence. The purpose of this article is, on…

Contact

Mathias Oberndörfer

Managing Partner
Geschäftsführer KPMG Law
Bereichsvorstand Öffentlicher Sektor KPMG AG Wirtschaftsprüfungsgesellschaft

Theodor-Heuss-Straße 5
70174 Stuttgart

Tel.: +49 711 781923410
moberndoerfer@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll