Procurement law encompasses those provisions which, among others, statutory health insurance funds (as contracting authorities) must observe when procuring products and services. Procurement law also includes a series of provisions according to which service providers, as tenderers, can seek legal protection when reviewing procurement processes.
In the healthcare sector, procurement for statutory health insurance funds through commissioning has now become commonplace; furthermore it is shaping essential areas of the health-care market in the meantime (e.g. by means of pharmaceutical rebate contracts or therapeutic appliance contracts). A number of decisions are made by the procurement chambers, the procurement senates of the higher regional courts right through to the ECJ. The ECJ withdrew the so-called open house models from the original procurement law.
We clarify the scope and applicability of the procurement law frameworkin the upper and lower threshold ranges on behalf of our clients. We support our clients with the submission of tenders, the formulation of tenderer questions and rebuke letters and conduct review procedures before the procurement chambers and the subsequent instances.