Case Study: Germany

Abstract

This chapter presents public procurement damages claims in Germany. It covers the causes of action, in particular the constitutive criteria of the specific statutory legal basis §126 GWB, the doctrine of culpa in contrahendo, and general tort law, their respective constitutive criteria and the justiciability of damages claims. It further examines the quantification of damages claims, notably the recoverable losses (bid costs and lost profits) and quantification methods.