Die Verfolgung öffentlicher Interessen mithilfe der Vergabesperre

A company which is debarred is excluded from participating in public procurement procedures for an extended period of time. Debarment is therefore considerably more severe than a one-time exclusion and can even threaten the very existence of the companies affected. Although the practice of imposing debarments has been around for a long time, clear legal provisions governing this practice have not been implemented, not even as a result of the 2016 public procurement reform. This dissertation therefore examines the legal permissibility of such debarments. The public procurement procedure, which originally merely served procurement purposes, has been used more frequently to pursue other – often political – objectives for some years now. Thus, this dissertation focuses on the question of whether a debarment may be imposed to pursue public purposes which are not directly related to the awarding of a contract. The use of debarment for sanctioning purposes is of particular relevance in this context.