Commentary by Dr Alexander Hübner on a landmark ruling by the Berlin Court of Appeal regarding oral proceedings in public procurement law

Dr Alexander Hübner, a solicitor and specialist in public procurement law, comments in the latest issue of the journal VergabeR (Issue 1/2026) on a landmark ruling by the Berlin Court of Appeal regarding three practical issues:

• Flexibility in negotiated procedures: Can minimum requirements and award criteria be amended during the course of the procedure?
• Minimum requirements in negotiated procedures: Must these be designated as such?
• Bidders from third countries: May companies from non-EU countries be admitted to the procurement procedure? Is there a risk of breaching the prohibition of discrimination? What scope do contracting authorities have?

The commentary offers valuable guidance on the structuring of complex procurement procedures – particularly in the IT sector and infrastructure procurement.