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Hessian Public Procurement Law and Hessian SME Promotion Act of 25 March 2013 (Official Gazette, 6/2013 S. 121 and S. 119)

The Hessian Procurement Law enters into force on 01 July 2013.
Law (pdf)
Explanations (pdf)

The Act for the promotion of the SME sector and public procurement enters into force on
01 May 2013.
Act (pdf)

Hessian Procurement Law HVgG (until 31 December 2012)

Hessian law on public procurement
from 17/12/2007
This law takes effect on 1 January 2008.
It ceases to be effective with the expiration of 31 December 2012.
Act (pdf)

Compliance with collective agreements

EuGH: Obligation to comply with the collective agreement inadmissible!
With its decision of 3 April 2008 (Case C-346/06) the ECJ rejects the regulation on compliance with collective agreements of the Federal States which pledges companies in writing to pay their employees at least the pay rate agreed upon at the place of performance when awarding the contract. Contrary to the judgement of the Constitutional Court of 11 July 2006, the ECJ considers the requirement of such a local obligation to comply with collective agreements a restriction of a free exchange of services which aggravetes the provision of services in another Member State because of the additional economic burden. It is also inadmissible to impose working conditions on companies domiciled in other Member States in the transnational provision of services, working conditions that exceed the mandatory regulations of a minimum level of protection (minimum wage). Therefore, the Bavarian Works Contracts Procurement Act (BayBauVG)that currently can not refer to a generally applicable collective agreement will presumably be overruled.

Press release EU
Opinion on the judgment of the Court of Justice of the 3 April 2008
Inadmissible obligation to comply with collective agreements
: (Case C-346/06)! Implications of the judgment of the European Court on the Hessian Procurement Act. Opinion on the judgment by Brigitta Trutzel, managing director of the Contract Advisory Centre Hesse

 Press release