Dr. Jochen Eichler

Partner

Jochen Eichler founded our law firm in 2012. He is specialised in European and German public procurement law, state aid, trade and customs. His experience includes advising governments, companies and associations in complex procurement procedures and privatisation projects as well as representing them in review proceedings before the review bodies and courts. He has advised clients in several major PPP projects, review procedures and court proceedings.

Jochen Eichler studied law at the Freie Universität Berlin where he also received his doctorate (PhD). From 2006 to 2009 he was an associate at the international law firm Freshfields Bruckhaus Deringer LLP and worked in their Berlin and London offices. At Freshfields he was a member of the EPR (Environmental Planning and Regulatory) and ACT (Antitrust, Competition and Trade) practice groups. In 2009 he joined the international firm K&L Gates LLP where he stayed until the end of 2011. In both firms he was a member of one of the most renowned public procurement teams in Germany.

Contact:

T +49 (0)30 95620739
jochen.eichler@eichlerkern.de
Rechtsanwalt Dr. Jochen Eichler

Publications

Commentaries:

  • Münchener Kommentar zum Europäischen und Deutschen Wettbewerbsrecht (Kartellrecht)
    Band 3: Beihilfenrecht und Vergaberecht (Commentary on state aid and public procurement law), ed. by Prof Dr Dr Dr hc Franz Jürgen Säcker, first edition 2011, commentary on public procurement topics prior to sections 97 et seqq. of the German Act Against Restraints of Competition
  • VERIS-VOB/A-Online-Kommentar (online commentary on German Construction Contract Procedures) commentary on sec. 9 VOB/A and sec. 9 EG VOB/A

Articles:

  • Flemish Gentrification - Protecting the less Affluent Local Population under European Law and the ECJ Judgment in Libert a.o., EStAL 2014, 88
  • Auf die richtige Form kommt es an – Erfolgreiches Qualitätsmanagement in der Angebotsbearbeitung bei komplexen Vergabeverfahren, insbesondere bei PPP-Projekten, Bauingenieur 5-2012, article on how to participate successfully in public procurement procedures (together with mit F. Hausmann, A. Hofmann, S. Weissenböck)
  • Rechtsweg für die Überprüfung von Rabattverträgen, NVwZ 2009, 27, article on review questions of public procurement procedures (together with Dr Franz Josef Hölzl)
  • SPNV – Bieter mit In-House-Verträgen: You can't have it both (rail)ways!, VergabeR 2008, 751, article on public procurement issues regarding in-house-contracts (together with Dr Hans-Joachim Prieß)
  • Flexibel, planbar, ideal? – zum Einsatz von Rahmenvereinbarungen öffentlicher Auftraggeber im IT-Bereich, move moderne verwaltung 2008, 38, article on framework agreements (together with Dr Friedrich Ludwig Hausmann)

Dissertation:

  • Vertragliche Dritthaftung – Eine Auseinandersetzung mit der Frage der Dritthaftung von sogenannten Experten und anderen Auskunftspersonen im Rahmen des § 311 Abs. 3 BGB (contractual liability of outside parties under the German Civil Code), published by Peter Lang 2007

Oliver M. Kern LL.M. (UNSW)

Partner

Oliver Kern advises on all issues concerning European and German procurement and state aid law as well as on the contractual design of procurement projects. One main focus of his work is the comprehensive legal and strategic advice of contracting authorities in the preparation and implementation of Europe-wide tender procedures as well as in the (re-) structuring of public and Public-private companies. In addition to the procurement procedures, Oliver Kern also specializes in the design and negotiation of contracts for various types of procurement projects. The Spectrum ranges from classic service and work contracts to the contractual design of complex concession, operator and PPP models in the areas of infrastructure, construction, energy, water, services, IT and mobility. Oliver also advises bidders in the context of tender preparation and compliance as well as in the negotiation of the contracts advertised. He regularly represents clients before the review bodies and courts.

In addition to public procurement law and the drafting of procurement projects, public law issues are a regular component of his consulting practice. Besides constitutional and European law issues as well as budgetary and funding law, state aid law has gained in importance in recent years as part of larger procurement projects and in the financing of (public) companies in the wake of restructuring.

Oliver Kern studied at the Humboldt University in Berlin and acquired his master's degree at the University of New South Wales in Sydney. From 2008 to 2014 he worked as a lawyer in the Berlin office of the international law firm K & L Gates LLP. Up until May 2018 he then worked as a lawyer for the PricewaterhouseCoopers Legal AG in the practice group public commercial law. He was a member of one of the most successful and respected procurement law teams in Germany during his time at both law firms.

Contakt:

T +49 (0)30 95620739
oliver.kern@eichlerkern.de
files/bilder/2019/Oliver_Kern.jpg

Publications

Legal Commentaries:

  • Author: Kulartz/Kus/Marx/Portz/Prieß, Kommentar zur VgV, §§ 14, 15, 16, 18, 47, 1. Auflage, 2017
  • Author: Gabriel/Krohn/Neun, Handbuch des Vergaberechts, 1. und 2. Auflage; 2017
  • Author: Kulartz/Marx/Portz/Prieß, Kommentar zur VOL/A, § 6 und § 6 EG, 3. Auflage 2014

Publications and Presentations:

  • Urteilsbesprechung zur Entscheidung des EuGH, Urt. v. 16. Juni 2015 – C-593/13 „Rina Services u.a.“ zur Niederlassungsfreiheit, VergabeR 2015, S. 762ff.
  • „The Grand Coalition in Germany 2013-2017“, K&L Gates Global Government Solutions 2014, Annual Outlook, S. 8-10
  • „EU Reforms on Public Procurement“, K&L Gates Global Government Solutions 2013, Annual Outlook, S. 64-65
  • „Zur Alleinvertretungsbefugnis des GmbH-Liquidators“ Kommentierung des BGH Urteils vom 27.10.2008 – II ZR 255/07, Betriebsberater, BB 2009, S. 127
  • Forum Vergabe e.V.; Basisschulung Vergaberecht 2016 (zweitägiger Workshop)
  • PwC-Academy; Grundlagen des EU Vergaberechts, ganztägiger Workshop, Düsseldorf, 2015
  • PwC-Academy; Zuwendungen, Beihilfen, Vergaben – Schnittstellen und Rechtspraxis; Rostock, 2014
  • „Vergaberechtsfrühstücke“ in Berlin and Frankfurt: Neue EU-Vergaberichtlinien (18. und 20.02.2014)
  • Specialist Advisor for the „Führungs- und Managementqualifizierung“ of the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin, in cooperation with Kienbaum, 2 day workshop on the principles of public procurement law, Bloomberg, 2013

Dr. Benjamin Klein

Partner

Benjamin Klein has been involved in public procurement for over ten years. He advises public clients as well as companies on public procurement law issues in the construction, supply and service sectors. His expertise also include consulting on public price law matters (VO PR 30/53) and data protection issues. Further areas of his expertise include the management of large-scale and complex public procurement procedures for public clients in the construction and IT sectors, as well as advising bidders in these areas. He also has extensive experience in representing clients in public procurement administrative proceedings and in court. Benjamin Klein is co-author of various well-known commentaries on public procurement law, author of numerous specialist publications and permanent contributor to the journal "Vergaberecht". As an expert in the field of public procurement, he is also a sought-after speaker at lectures and training events. He studied law at the Free University of Berlin focusing on antitrust and competition law and completed a two-year foreign-language law course in US American law at the Humboldt-University in Berlin. After completing his first state examination in 2005, he worked as a research assistant in the field of public commercial law until 2007 at the Berlin office of the international law firm Freshfields Bruckhaus Deringer.

He then worked as a research assistant for Prof. Dr. Dr. h.c. Ulrich Battis at the professorial Chair of Constitutional and Administrative Law at the Humboldt-University of in Berlin until 2009. After finishing his legal clerkship in Hamburg, Berlin and Tel Aviv, he sucessfully completed the Second State Examination in Hamburg in 2011 and received his doctorate in public procurement law from the University of Osnabrück. From 2011 onwards he was as a lawyer at the renowned procurement law team of the law firm HFK Rechtsanwälte Heiermann Franke Knipp PartG mbB in Berlin and since 2016 a salary partner. He has been a partner of the law firm Eichler Kern Klein Rechtsanwälte PartG mbB since the first of June 2019.

Contact:

T +49 (0)30 95627039
benjamin.klein@eichlerkernklein.de


Prof. Dr. Peter Friedrich Bultmann

Of Counsel

Peter Bultmann’s main expertise are turnkey construction projects, public procurement law and Public Private Partnerships (PPP). In these areas, he has worked primarily as an advisor on public procurement law matters since 2004. Since 2006, he has extended his expertise and has drafted and negotiated turnkey construction and concession-type contracts as well as teaming agreements between constructing, operating and/or financing partners. He has experience with turnkey and PPP-type projects primarily in Germany, Australia, South Africa and the United Kingdom.

Peter Bultmann studied law in Tübingen and at the Humboldt-University in Berlin, where he received his doctorate (PhD) in 1997. Since 1999 he is a member of the Berlin bar association. He works in the legal department of an international company. Before this, he worked for two years at the international law firm Freshfields Bruckhaus Deringer LLP. Before this, he qualified as a university professor at Humboldt-Universität zu Berlin (Habilitation). In 2011, the President of Humboldt-University, Berlin, bestowed the title extraordinary professor upon Peter Bultmann. Since 2013 he also works as a Coach and advises our law firm as Of Counsel.

Contact:

T +49 (0)30 95620739 | M +49 (0)162 2004395
PB@eichler-rechtsanwaelte.de
Prof. Dr. Peter Friedrich Bultmann

Hannah Rubin

Senior Associate

Hannah Rubin advises public clients and contractors on all questions of public procurement law. Furthermore, she complements Eichler Kern Klein's practice area with her special expertise in state aid and subsidy law and numerous other questions of public and European business law.

The main focus of her work includes the organization and support of public procurement procedures, privatization projects and public-private partnerships, as well as legal and strategic advice on the (re-)structuring of public companies.

Hannah Rubin studied at the Universities of Constance and Freiburg. After a language-learning and working stay in Israel, she completed her legal clerkship in Berlin with stations at, among others, the Federal Ministry of the Interior and Linklaters LLP as well as at the Centre of European Law at King's College London. After her second state examination, Hannah Rubin was initially a research assistant at the Chair of Public Law, European Law and Philosophy of Law under Prof. Ulrich Haltern at the University of Hanover. In 2014, she began working as a legal assistant in the public commercial law department of the international law firm Linklaters LLP and was an associate there until October 2020. Hannah Rubin was admitted to the bar in August 2015.     

Since 1 November 2020, she has been a Senior Associate at the law firm Eichler Kern Klein Rechtsanwälte PartG mbB.

Contact:

T +49 (0)30 95627039
hannah.rubin@eichlerkernklein.de

Publications

  • The Advisory Board pursuant to § 10 (1) sentence 2 of the Interstate Treaty on Gambling as plaintiff in the administrative proceedings, together with Leslie Manthey, ZfWG 2010, 324 et seq.
  • Islamic prayer at school, JURA 2012, 718 et seq.

Mandy Brei

Office Management

Mandy Brei is a trained paralegal and notary's assistant and has more than 13 years of professional experience in this field, which she gained in the Berlin offices of various major international law firms, most recently in the legal department of a big-four auditing company. Since April 2020 she has been part of the team of Eichler Kern Klein. She is personal assistant to the lawyers and responsible for office management.

Kontakt:

T +49 (0)30 95620739
mandy.brei@eichlerkernklein.de

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