Prospitalia successfully prevails three times with Heuking against contract award without competition
Prospitalia GmbH (Prospitalia), leading purchasing company in the hospital sector, prevails with Heuking Kühn Lüer Wojtek in several review proceedings with respect to contracts awarded by EK-UNICO GmbH (EK-UNICO) which were not preceded by EU tenders.
In its October 15, 2021 decision, Karlsruhe Higher Regional Court affirmed that the relevant service contract concluded between EK-UNICO and a university hospital in 2020 is invalid. Upon Prospitalia’s application, Baden-Württemberg Procurement Chamber had already found that the contract violated requirements under procurement law. EK-UNICO’s appeal remained unsuccessful. In May 2021, Saxony Procurement Chamber had found a comparable contract to be in breach of procurement law and invalid. In 2020, Münster Procurement Chamber had prohibited another contract with EK-UNICO participation shortly prior to its conclusion for lack of an EU-wide invitation to bid.
“Prospitalia's legal opinion of repeated inadmissible interference in competition has been affirmed each time,” said Dr. Matthias Kühn, who successfully advised and represented Prospitalia in all three cases before the review bodies.
Dr. Matthias Kühn, Lawyer and Certified Specialist in Public Procurement Law, continually advises public clients and European companies throughout Germany on issues of public procurement law and competition law and on the design and implementation of government contracts.
Heuking Kühn Lüer Wojtek‘s “Public Sector & Public Procurement” department has been one of the market leaders in public procurement law for years. Its lawyers hold top spots in German and international lawyer rankings.