MMag Dr Bernt Elsner > CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH > Vienna, Austria > Lawyer Profile
CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH Offices
GAUERMANNGASSE 2
1010 WIEN
Austria
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MMag Dr Bernt Elsner
Work Department
Public Procurement, Competition & EU, Public Law
Position
Bernt Elsner is partner and global head of the CMS Public Procurement Group. He is a leading expert in the fields of public procurement, antitrust and public law.
He studied law at the University of Vienna and business administration at the Vienna University of Economics and Business Administration. In 1993-94 he worked as a research assistant at the Austrian Constitutional Court for the constitutional judges Prof. Dr. Karl Spielbüchler and Prof. Dr. Karl Korinek. In 1997 he practised European competition law at Cleary Gottlieb Steen & Hamilton in Brussels. From 2004 to 2010 he was Managing Partner of CMS Reich-Rohrwig Hainz. He has more than 24 years of professional experience in Vienna and Brussels.
Bernt Elsner is one of the leading Austrian experts in the dynamic and constantly changing field of public procurement law. His numerous publications and lectures have had a significant impact on Austrian public procurement law.
He advises public entities on the structuring of complex tenders, advises bidders on their participation in award procedures, especially public-private partnerships (PPP projects), and frequently represents them in public procurement disputes. He has extensive experience in tender-relevant compliance issues.
Career
Legal clerk at the Austrian Constitutional Court (1993/94); Cleary, Gottlieb, Steen & Hamilton, Brussels (1997); partner at CMS Reich-Rohrwig Hainz since 2001, managing partner from 2004 to 2010; author of several standard reference books and leading commentaries on public procurement law.
Languages
German, English
Memberships
Vienna Bar Association; International Bar Association; Antitrust Lawyers’ Association (Studienvereinigung Kartellrecht); Society for Construction Law (Gesellschaft für Baurecht);
Education
University of Vienna (Mag. iur., 1989; Dr. iur., 1991);
Vienna University of Economics and Business Administration (Mag. rer. soc. oec., 1993)
Lawyer Rankings
Austria > Administrative law and public sector
Adept at handing the full range of public law matters, CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH offers notable specialisms in trade, environmental, health and construction matters as well as experience in representing clients before courts such as the constitutional court and the administrative court of Austria. The team is jointly steered by ‘exceptional lawyer’ and administrative law specialist Robert Keisler and by Bernt Elsner, whose practice encompasses public procurement, state aid and antitrust law. Praised by clients for her ability to ‘lead through difficult and complex legal issues‘, Marlene Wimmer-Nistelberger is another key contact for court proceedings and often handles matters related to information obligations and environmental questions.
Austria > EU and competition
CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH advises clients on a broad spectrum of Austrian and EU competition matters, including merger control and abuse of dominance proceedings, issues surrounding state aid and private damage claims hearings, among several others. The practice is led jointly by Dieter Zandler, who takes on cartel-related instructions, antitrust matters and merger controls, and Bernt Elsner, whose practice straddles competition and procurement law, advising consortia on the competition aspects of tenders, bid rigging and intra-group competition. Marlene Wimmer-Nistelberger specialises in EU state aid law.
Austria > Projects and energy
CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH‘s projects team spans the firm’s public procurement and energy and climate change practices, advising across a range of renewable energy and other infrastructure projects, while also assisting investors with the purchase of ongoing projects. Further sector focus areas include healthcare, water and waste and telecoms. Leading the group are Bernt Elsner, head of the public procurement practice, energy and climate change team lead Thomas Hamerl, and Nikolaus Weselik, whose practice encompasses construction and real estate law and disputes in the aforementioned fields.
Austria > Public procurement
(Leading individuals)CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH‘s ‘outstanding’ procurement team is noted for its work in relation to infrastructure and healthcare projects, frequently advising bidders on their approach to PPP tenders in these sectors. The practice is also active before the courts, where it supports clients in appeals challenging contract awards. Group head Bernt Elsner‘s practice encompasses both tender- and bidder-side work, assisting contracting authorities with the tendering process and private sector clients on bids and subsequent disputes. Robert Keisler acts for national and international contractors, providing support with bids and offering support on regulatory and competition law matters.
Lawyer Rankings
- Leading individuals Austria > Public procurement
- Administrative law and public sector Austria
- EU and competition Austria
- Projects and energy Austria
- Public procurement Austria
Top Tier Firm Rankings
Firm Rankings
- Administrative law and public sector
- Banking and finance
- Commercial, corporate and M&A
- Construction
- Dispute resolution: commercial litigation
- EU and competition
- Intellectual property
- Private client
- Projects and energy
- Public procurement
- Capital markets
- Data privacy and data protection
- Insolvency and corporate recovery
- Real estate
- Tax
- TMT
- Dispute resolution: arbitration and mediation