Public Private Partnerships and Concessions in Germany

The chapter describes and analyses the practical relevance and the legal framework of public-private-partnership (PPP) projects and concession agreements in Germany. While larger contract-based PPP projects are relevant in certain areas and sectors (such as the construction and maintenance of federal highways or larger administrative buildings), they have not yet experienced a breakthrough on a broad basis, and such a breakthrough is unlikely to be forthcoming at the present time. Against this background, it is hardly surprising that the legal regulations on PPPs have not yet been compiled in one or more codifications. In contrast, institutionalized PPP constructions and public undertakings, as well as the awarding of both works and service concessions in smaller contexts, beyond large and consolidated PPP projects, is a ‘booming’ model of providing public services in Germany.