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DE – Relevance of patent infringement in tender proceedings

22 Sep 2016

Higher Regional Court of Dusseldorf on the relevance of patent infringement in tender proceedings (decision of December 1, 2015 – Case VII-Verg 20/15)

Bidders in tender proceedings lack the necessary personal suitability if offering their tendered products would constitute patent infringement, thus making it legally impossible to adequately perform the services tendered.

The tendering authority already has to clarify in the tendering documents that these bidders are to be excluded from the bidding competition. If the tendering authority simply ignores the patent infringement the ongoing tendering has to be canceled and begin anew.

Read a copy of the summary here.

Head note and summary: Tilman Müller-Stoy and Dominik Woll, Bardehle Pagenberg