Das Verhältnis von Beihilfen- und Vergaberecht

European state aid law regulates the lawfulness of aid given by EU Member States which favours certain undertakings, whereas procurement law, which is based on the fundamental freedoms of the Treaty of Rome, contains rules about public tendering. Due to the broad definition of state aid, which is based on an effects-based approach, both legal fields overlap, wherein their relation is unclear. In particular, two questions need to be answered: In which cases does the ‘awarding’ of legal acts in order to grant state aid also fall under procurement law? Under which conditions can public tendering lead to the granting of state aid?
This thesis is about solutions to that problem based on primary EU legislation and deals with practical problems in the overlapping area of both legal fields, in particular in the area of public services and regarding the impact of a violation of one or both fields.