Search
Contact
28.05.2014 | KPMG Law Insights

Public Procurement Law: Errors in the Award Documents

Dear Readers,

The time has come: the EU framework for state aid to promote research, development and innovation, which was already the subject of extremely controversial debate in its draft version, was adopted by the EU Commission on May 21, 2014 and will enter into force on July 1, 2014.

So far, only the English version of the Union Framework is available, which – in relation to the draft version of the Union Framework – already contains some surprising innovations. In our first article, we report on some of the most important new regulations in the R&D aid area and will provide you with a comprehensive overview in the next issues – as soon as the German version with its concrete wording is available.

But that is not enough of the new regulations on state aid: The new GBER, which was adopted by the EU Commission at the same time as the EU Framework, also contains a number of changes in state aid law that must be observed by the research community, including research institutions and universities. In addition, the EU Commission has defined requirements for transparency in the granting of subsidies.

Furthermore, you will find a summary from the BMBF Federal Report on Research and Innovation 2014 as well as from the DZHW report on the development of dropout rates at German universities. Both contain topics that are extremely exciting for higher education practitioners. From the case law on public procurement, we present a decision of the Higher Regional Court of Koblenz, which deals with bidder information and its scope.

We wish you interesting reading!

Sincerely yours

Public Sector Team of KPMG Rechtsanwaltsgesellschaft mbH

Mathias Oberndörfer Dr. Anke Empting

If the contracting authority is made aware by a tenderer’s question that it had made mistakes which are likely to cause a tenderer to be mistaken about an essential formality of the award procedure, it may not content itself with clarifying the questioning tenderer. According to the Koblenz Higher Regional Court in its ruling of April 30, 2014.

One bidder pointed out a discrepancy to the contracting authority during a telephone call and, when asked, was told that a typing error had crept into the information letter. In doing so, the contracting authority had answered a bidder’s question – albeit only by telephone – and in this way provided clarity to one bidder about the timing of the opening date.

In the opinion of the court, the contracting authority should have provided clarification to all companies that had requested the tender documents in compliance with the principle of equal treatment pursuant to Section 97 (1). 2 ARC.

Explore #more

25.06.2025 | KPMG Law Insights

Business Travel and Assignment in the USA: What you need to know about US immigration

The recent changes in US immigration rules are causing uncertainty worldwide. In particular, since the new US government took office, processes regarding entry into the…

11.06.2025 | KPMG Law Insights

Omnibus IV brings some simplifications, especially in product law

The EU Commission proposed the fourth omnibus package on May 21, 2025. Omnibus IV contains simplifications in relation to numerous product law requirements and…

02.06.2025 | Deal Notifications

KPMG Law and KPMG advise Diehl Defence on the acquisition of e.sigma

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Diehl Defence GmbH & Co. KG (Diehl Defence) on the complete acquisition of…

27.05.2025 | KPMG Law Insights

Cell Phone Inspections at US Border and Beyond: What to Expect

Key facts: U.S. immigration officials monitor public social media data and travelers should be prepared to share details about their personal social media accounts. All…

14.05.2025 | KPMG Law Insights

BGH on customer installations: Decision orders application in line with the directive

In a ruling dated May 13, 2025, the BGH classified the supply infrastructure in the specific case of a residential complex in Zwickau as a…

13.05.2025 | In the media

KPMG Law expert in Spiegel article on energy policy

Dirk-Henning Meier, Senior Manager in the energy law department at KPMG Law, is quoted in a recent article on energy policy in Der Spiegel.…

13.05.2025 | Career, In the media

azur Karriere Magazin – All AI or what?

Artificial intelligence has long since arrived in law firms and legal departments. But dealing with it is a skill that needs to be learned. Many…

13.05.2025 | KPMG Law Insights

Initial experience with the Single-Use Plastics Fund Act: what manufacturers should bear in mind

Beverage cups, foil and plastic cigarette filters litter streets, parks and sidewalks. The cleaning costs are borne by the local authorities. The Disposable Plastics Fund…

07.05.2025 | KPMG Law Insights

Termination of fixed-term rental agreements in the case of pre-leasing

In the case of a pre-leasing, the tenancy only begins at a later date, usually the handover date. In such cases, the contracting parties usually…

Contact

Mathias Oberndörfer

Geschäftsführer
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