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PPP and investment law

Germany: PPP and investment law

The laws that govern PPP and concessions, investment guarantees, dispute settlement and legal terms, with links to the official texts.

Checked on October 23, 2026Information, not legal advice

In brief

Germany has no stand-alone PPP law. PPP projects are procured under the general procurement rules in Part 4 of the GWB and under the Concession Award Regulation, both based on EU directives. Germany is an ICSID member and a party to the New York Convention, and it has left the Energy Charter Treaty.

PPP and concession law

In force

Gesetz gegen Wettbewerbsbeschränkungen (GWB), Teil 4 (§§ 97 ff.)

English title: Act against Restraints of Competition, Part 4 (public procurement and concessions)

Number / reference
GWB § 97 ff.

PPP projects (ÖPP) are awarded as public contracts or concessions under Part 4 of the GWB. Section 97 requires contracts and concessions to be awarded competitively and transparently. The act names the parties Auftraggeber and Unternehmen.

Official text (opens in a new tab)

In force

Verordnung über die Vergabe von Konzessionen (Konzessionsvergabeverordnung – KonzVgV)

English title: Concession Award Regulation

Implements EU Directive 2014/23/EU on the award of concession contracts.

Official text (opens in a new tab)

Investment protection

We have not yet checked a separate foreign investment or investment screening law for this jurisdiction against an official source, so we do not summarise one here.

Constitutional protection of property

Grundgesetz, Art. 14

Property is guaranteed. Expropriation is allowed only for the public good, by or under a law that regulates compensation, and the ordinary courts decide on the amount.

Official text (opens in a new tab)

Dispute settlement

ICSID Convention

Contracting State

  • In force: May 18, 1969

New York Convention (1958)

Party

Energy Charter Treaty

Withdrawn, effective December 20, 2023

Investment treaty with Ukraine

Legal terms

How the law names each party, in the original language. Useful when reading tender documents and contracts.

Public side

  • öffentlicher Auftraggeber

Private side

  • Unternehmen

Who proposes a project

  • Projektträgermarket usage, not a statutory term

German law has no statutory term for a proposer. In the market, the party responsible for a project is called the Projektträger.

Sources

  1. GWB § 97 (opens in a new tab)
  2. KonzVgV (opens in a new tab)
  3. Grundgesetz Art. 14 (opens in a new tab)

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PPP and concession law in Germany | EUROBRIDGE