Public Procurement Law

Public contracting authorities award projects in the billions every year. Strict and constantly changing legal framework conditions are behind this gigantic market. Additionally, when it comes to public procurement law, we are dealing with a dynamic legal field in Europe and particularly in Austria. New regulations or changes enter into force almost annually. For contracting authorities and contractors, this means that every decision in the award procedure must be well-founded not only legally, but also from a business and economic viewpoint.

The experienced team of experts at SAXINGER will reliably assist you through all phases of the award procedure – regardless of whether it involves construction contracts, supply and service contracts or licenses, competitions and PPP projects. We support contracting authorities and contractors alike. Thanks to years of experience and market insight, we not only have comprehensive knowledge of the current legal situation, we also recognise legal developments early on. We use these skills to develop forward-looking and tailor-made award strategies for our clients.

Our advice includes:

• Assistance with invitations to tender and proposals
• Support throughout the entire award process – from preparation to acceptance of a tender
• Reviews, contract processing and project support
• Dispute avoidance and conflict resolution
• Representation in courts and arbitration bodies – nationally and throughout Europe

It goes without saying that we represent our clients at public procurement review bodies, in supreme courts, European tribunals and civil courts. We also conduct such proceedings for you in other countries via the European locations of the Schindhelm Alliance.

Legal Advice in Public Procurement Law

Public procurement is bound by strict procedures regulated by law. In order to ensure that contracts are awarded fairly, transparently and make sense economically and that only competitive enterprises have a chance, public procurement law places high demands on all participants. National legislators, the European Union and case law continuously develop the legal framework.

Both public contracting authorities and enterprises must therefore regularly adjust to new developments to be able to carry out or participate in award procedures in a legally certain and successful manner. Specialised legal advice in the early stage is essential here. Even small errors can result in delays, review procedures or, in the worst case, the loss of funding. 

For public contracting authorities, advice on public procurement law is recommended, in particular...

• When planning and structuring invitation to tenders in order to draw up the procedure strategically, in good time and with legal certainty.
• For structuring the award documents to avoid formal errors.
• For preventing conflict in order to coordinate legal requirements and economic goals in a consistent way.
• For support throughout the entire award procedure to ensure legal certainty and transparency, also in relation to control bodies and supervisory authorities. 

For tenderers and/or enterprises, advice on public procurement law is recommended, in particular...

• When creating proposals in order to fully and correctly meet formal and material requirements.
• For strategic positioning in the procedure in order to develop a legally certain proposal strategy and to increase the chances of having the tender accepted.
• In the event of a short-term requirement for clarification or conflicts in order to be able to respond to ambiguities or incorrect decisions in a quick and legally certain way.
• To protect your own rights, particularly with irregularities in the procedure. For instance, by a formal request for review or representation with respect to public procurement authorities and public procurement chambers.

Contact us now! >>

Our Expertise in Public Procurement Law

Public procurement law is complex – SAXINGER has many years of experience and proven expertise. We develop tailor-made strategies, we are always up-to-date and we recognise early on where the framework conditions are heading. We support both contracting authorities and enterprises as tenderers.

In complex procurement procedures, we work in interdisciplinary teams. Therefore, we can offer civil law, construction law, procurement law and procedural law from a single source—in a seamless, flexible and efficient way that is precisely tailored to your needs. Our range of consulting services:

We will stand by your side with extensive public procurement expertise and commitment. Below are some of our most recent successful clients and references. 

SAXINGER assists with contract for Stadler Rail in the billions

SAXINGER provided legal support to German-Austrian project consortium for the award of Stadler Rail's largest contract in company history. The Swiss train manufacturer will receive a contract, valued at up to 4 billion euros, for the delivery and maintenance of up to 504 trains and trams. Together with Heuking Kühn Lüer Wojtek, our law firm provided comprehensive legal coverage for the invitation to tender and the contract design.

Juve highlights SAXINGER’s consulting role in public procurement law

The Juve-Verlag, publishing house for legal information, (Issue 01/2025) named SAXINGER as a law firm in Upper Austria without which market leadership would be difficult to imagine. The strong position in public procurement law is emphasised in particular. No other law firm in the region advises the federal state of Upper Austria so comprehensively on public procurement law matters. In addition to that, SAXINGER regularly assists Energie AG OÖ as an important client in this field.

SAXINGER singled out in Trend magazine’s lawyer rankings for public procurement law

SAXINGER partner Dr Hanno Liebmann has been singled out as one of the leading lawyers in public procurement law in the current rankings of Trend magazine, Austria’s most highly circulated business magazine. He is one of the top lawyers in this specialist field and he enjoys a special level of trust from his clients.

Contact

Award procedures place high demands on all parties involved – economically, technically and legally. It is all the more important to always stay up-to-date and be well connected because additional questions from adjacent legal areas are often incorporated into the procedure and can significantly influence the course it takes.

Our team of experts at SAXINGER comprehensively assists contracting authorities and contractors from all sectors through every stage of the award procedure. Thanks to our international partner law firms, we can also reliably assist you with international award procedures and review proceedings.

Contact us now! >>