As Of Counsel at BLOMSTEIN, Hans-Joachim Prieß takes an advisory role in international, European and German procurement law matters as well as in customs and trade law issues. Having practiced for over 30 years, he is one of the most experienced and renowned attorneys in these areas in Germany and in the EU.
Hans-Joachim has represented many clients, including the German government, in procurement litigation before German review bodies and the European Courts in Luxembourg. He has advised applicants and defendants in procurement review or infringement proceedings before the European Commission, the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD), and the European Central Bank (ECB). He has also represented clients in procurement related Foreign Corrupt Practices Act (FCPA) proceedings before the US Department of Justice and the Securities and Exchange Commission (SEC). His international trade law practice ranges from customs and export control law to World Trade Organisation (WTO) matters, Free Trade Agreement matters and sanctions law, in particular the Iran and Russia sanctions.
Hans-Joachim is admitted to the Bar in Germany (Rechtsanwalt). He is a member of the editorial boards of Neue Zeitschrift für Bau- und Vergaberecht (NZBau) and of Public Procurement Law Review (PPLR) and acted as deputy chairman of the board of the German procurement association (forum vergabe e.V.) for several years.
Languages: German, English, French
References
Procurement law related work:
- Representing Adia interim in case T-19/95 before the Court of First Instance
- Representing the German government in various infringement proceedings before the European Court of Justice
- Representing the European Central Bank in relation to a works contract
- Representing a bidder in review proceedings before the European Central Bank Procurement Review Body
- Representing a bidder in a Turkish tender procedure regarding a European Investment Bank financed infrastructure project
- Representing a bidder in relation to a threatened exclusion from European Bank for Reconstruction and Development financed projects
- Representing governments and bidders as applicants and defendants in procurement related infringements proceedings before the European Commission concerning Germany, Greece, Hungary, Italy, Poland, Portugal, and Romania
- Advising a large contracting authority in various complex and large volume IT procurement procedures
- Advising the German states of Hamburg and Berlin in relation to large privatization projects where the procedure chosen was a primary law procedure
- Advising a large international utility in relation to the disposal of its German operations in a primary law procedure
- Advising several German contracting authorities on the structuring of their procurement procedures for works, supply and services contracts
- Advising several German utilities for EU wide tender procedures run in several member states
International trade law related work:
- Advising the Mexican Government in relation to the Free Trade Agreement negotiations with the EU
- Advising the Principality of Liechtenstein on issues relating to its trade agreements
- Advising the German Government in relation to the Airbus/Boeing subsidies dispute in the context of the WTO dispute settlement proceedings
- Advising several multinational companies on customs issues in the EU, Japan, China, and numerous other jurisdictions, and representing them before national courts and the European Court of Justice
- Advising and representing companies on EU market organisation issues
CV
Before joining BLOMSTEIN in May 2016, Hans-Joachim was a partner of Freshfields Bruckhaus Deringer LLP. He has been admitted to the German bar since 1988, spent 10 years in the Brussels office of Freshfields Bruckhaus Deringer from 1990 to 2000 and then worked in the firm’s Berlin office. From 2000 to 2016 he co-headed the firm´s procurement group with approx. 40 lawyers in 11 locations across Europe. Recently, Hans-Joachim was a member of the expert commission set up by the German government to advise on the implementation of the European procurement directives and on the reform of German procurement law.
Hans-Joachim received his legal education at the universities of Kiel (Dr. iur., 1988) and Freiburg im Breisgau (Germany), Lausanne (Switzerland), as well as at Indiana University School of Law (LL.M., 1984) and at Harvard Law School.
Publications
Hans-Joachim has published extensively on international, European and German procurement law and is the author/editor of the following books/articles (among others):
- Röwekamp/Kus/Portz/Prieß (eds.), Kommentar zum GWB-Vergaberecht, 5th edition 2020
- Chapter on Public Procurement Law, in: Mes (ed.), Beck’sches Prozessformularbuch, 14th edition 2019 (with Pascal Friton and Friedrich Hausmann)
- Prieß/Hausmann/Kulartz (eds.), Beck’sches Formularbuch Vergaberecht, 3rd edition 2018
- Kulartz / Röwekamp / Portz / Prieß (eds.), Kommentar zur UVgO, 1st edition 2018
- Kulartz/Kus/Marx/Portz/Prieß, Kommentar zur VgV, 1st edition 2016
- Prieß/Stein/Gabriel/Mertens (eds.), Beck´scher Onlinekommentar Vergaberecht, as of 1st edition 2016
- Getting the Deal Through – Public Procurement, 2005 to 2015
- Award procedures for EU institutions, in: Trybus/Caranta/Edelstam (eds.), EU Public Contract Law, Bruxelles 2014, p. 417-442
- Kulartz/Marx/Portz/Prieß (eds.), VOL/A – Kommentar, 3rd edition 2014
- Kulartz/Marx/Portz/Prieß (eds.), VOB/A – Kommentar, 2nd edition 2014
- Prieß/Lau/Kratzenberg (eds.), Wettbewerb – Transparenz – Gleichbehandlung. 15 Jahre GWB-Vergaberecht. Festschrift für Friedhelm Marx, 2013
- Designing effective challenge procedures – The EU’s experience with remedies, in: Arrowsmith/Anderson (eds.), The WTO Regime on Government Procurement, 2011, p. 511 (with Pascal Friton)
- Kaufmann/Lübbig/Prieß/Pünder (eds.), VO (EG) 1370/2007 – Kommentar, 2010
- Pünder/Prieß/Arrowsmith (eds.), Self-Cleaning in Public Procurement Law, 2009
- Handbuch des europäischen Vergaberechts, 3rd edition 2005
- Motzke/Pietzcker/Prieß (eds.), Beck´scher VOB-A-Kommentar, 2001
an absolute master of what he does, he knows absolutely everything about competition, procurement and trade
the absolute gold star of the German trade and customs bar