Competencies / EU, Regulatory, Public Procurement & State Aid

EU, Regulatory, Public Procurement & State Aid

EU, Regulatory, Public Procurement & State Aid

Combined European competence for the court in Luxembourg

Union law plays a role not only in front of Union bodies. Its significance in proceedings in front of Austrian administrative authorities and courts is very often just as underestimated as the status of the bureaucracy in Brussels. Indeed, procurement law, cartel law, economic regulation law and state aid law are strongly characterised by European law. These are precisely the matters in which our team specialises. LGP is therefore very often instructed to prepare expert reports on tricky matters of Union law.

From private to public companies to state institutions that are supported with the granting or repayment of funds, project execution, contract formation and in connection with official permits, LGP is active both at national and at EU level. This concerns preliminary rulings on the hand, and the right of appeal before the ECJ on the other. Regulatory law also plays a big role. In these instances, LGP supports clients from various sectors with the enforcement of their concerns.

Our competence, which consists of special knowledge unusual for Austria in combination with an EU network, is talked about far beyond the borders of Austria.

A maximum or one or two times in their professional life - that's how rarely an Austrian lawyer normally appears before the court of the EU (ECJ) in Luxembourg. The number of appearances made by the EU team of LANSKY, GANZGER, GOETH, FRANKL + partner is therefore all the more considerable. On average, we represent clients in front of the ECJ three to four times a year. No other Austrian law firm handles so many cases in front of the highest body for European law.

Procurement law & state aid

In the area of procurement law, we advise both public principals as well as domestic and foreign companies on the bidder side in specific procurement procedures. These are occasionally complex, not only because of the procedure, but also with regard to the object of procurement. The focus here lies on services, in some circumstances combined with deliveries. In some instances, specific constructions are also to be selected, such as bidding consortia or the involvement of subcontractors. In practice, the advisory process can commence prior to the initiation of a procurement procedure and continue up until a decision is taken by the final body.

In the area of state aid, our services are utilised by funding agencies both in Austria and in neighbouring countries. In these instances, the focus lies not only on material law, but also encompasses the entire procedure, including the informal contacts with the European Commission (GD COMP), as well as the formal phase in the course of applying for state aid or a state aid framework through to the verification of state aid ex-post.

LGP has special expertise in the following matters strongly shaped by European law:

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