First High Court Decision regarding “No Spy“ Guarantees - GvW Graf von Westphalen stops Award of Contract for Anti-Virus Software in the German Federal Administration
Two weeks ago, the European Court of Justice (CJEU) declared the “Safe Harbor“ decision of the EU Commission invalid (judgment of 6 October 2015, C-362/14- “Schrems”). Now, the Higher Regional Court Düsseldorf - in the first high court decision regarding the “No Spy” issue - it its decision of 21 October 2015 (VII-Verg 28/14) prohibited the awarding of the contract in the procurement procedure for the procurement of “anti-virus software for the German Federal Administration” and referred the procedure back to the procurement agency.
In its reasons for the judgment, the Higher Regional Court particularly emphasized that “No Spy” guarantees would not constitute discrimination against foreign providers. “Moreover, the CJEU “Safe Harbor ”judgment will increase the role of data protection authorities in public procurement procedures with immediate effect”, state the lawyers of GvW Graf von Westphalen.
GvW successfully represented the applicant with a team around the partners Dr Ingrid Reichling (procurement law, Munich) and Arnd Böken (data protection law, Berlin).
News
Federal Administrative Court: Fehmarn Belt Fixed Link may be built
The Federal Administrative Court has dismissed all six pending appeals against the planning decision on the Fehmarn Belt Fixed Link. Construction of the tunnel may therefore now also begin in Germany. GvW advised the State of Schleswig-Holstein and was represented by a Hamburg team consisting of Dr Ronald Steiling (lead), Corinna Lindau, Dr Dietrich Drömann, Prof. Dr Christian Winterhoff, Dr Andreas Wolowski, Saskia Soravia, Dr Stefanie Ramsauer, Dr Annika Bleier, Felix Kazimierski and Niclas Langhans. (BVerwG 9 A 6.19, 9 A 7.19, 9 A 9.19, 9 A 10.19, 9 A 11.19, 9 A 12.19 and 9 A 13.19).
H4 Hotel Mönchengladbach at BORUSSIA-PARK: the place for that Bundesliga feeling
Football is king at H-Hotel Group’s new H4 Hotel in Mönchengladbach. Its location right next to the stadium and the theme rooms depicting the history of the Borussia Dortmund football club make this new hotel unique and a must for any football enthusiast. Our lawyers had the pleasure of advising H-Hotels Group on the creation of its first football-themed hotel and took the chance to visit this amazing place shortly after its opening.
Transport System Bögl: new local public passenger transport system a big success in China
The Max Bögl group of companies has developed a new local public passenger transport system. The system called “Transport System Bögl” (TSB) uses magnetic levitation, or “maglev” technology and provides a clean and cost-efficient means of transport for better mobility in inner city areas. The technology is becoming increasingly popular also in other countries: Max Bögl’s most recent export order was the sale of its TSB to China. The company’s plans include building a 3.5 km test track in Chengdu and extensive marketing activities to promote the technology in China – all through a sales partnership with a Chinese company.
Our Services
You don't want to miss any more of the latest legal developments? And be invited to our events? Then register here.