You know the sit\u00adu\u00ada\u00adtion: You browse through the spec\u00adi\u00adfi\u00adca\u00adtions, and the longer you read them, the clear\u00ader it becomes to you what prod\u00aducts the client wants but has not explic\u00adit\u00adly writ\u00adten into them. Annoyed, you put the per\u00adfor\u00admance spec\u00adi\u00adfi\u00adca\u00adtion aside. Because you can not or do not want to build with these prod\u00aducts, for tech\u00adni\u00adcal or even eco\u00adnom\u00adic rea\u00adsons. <\/p>\n
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In doing so, you should do the exact oppo\u00adsite. Hid\u00adden prod\u00aduct spec\u00adi\u00adfi\u00adca\u00adtion, i.e. prod\u00aduct spec\u00adi\u00adfi\u00adca\u00adtions that are not explic\u00adit\u00adly estab\u00adlished but rather result from the inter\u00adac\u00adtion of all indi\u00advid\u00adual spec\u00adi\u00adfi\u00adca\u00adtions and thus qua\u00adsi tac\u00adit\u00adly, are very com\u00admon. And (not only) accord\u00ading to our con\u00advic\u00adtion always (!) inad\u00admis\u00adsi\u00adble. So if you want to defend your\u00adself, for\u00admu\u00adlate a rep\u00adri\u00admand \u2014 prefer\u00adably with the help of a lawyer. <\/p>\n
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How about this: The pro\u00advi\u00adsion is con\u00adtrary to pro\u00adcure\u00adment law because it is non-trans\u00adpar\u00adent. It is con\u00adcealed and cov\u00adered up that in real\u00adi\u00adty the ten\u00adder\u00ading process is not prod\u00aduct-neu\u00adtral, but prod\u00aduct-spe\u00adcif\u00adic. This is also like\u00adly to vio\u00adlate the prin\u00adci\u00adples of equal treat\u00adment and com\u00adpe\u00adti\u00adtion, which you could also com\u00adplain about. In addi\u00adtion, there are a few pro\u00advi\u00adsions of the VOB\/A or EU VOB\/A that could also be vio\u00adlat\u00aded. <\/p>\n
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If the client \u201copens\u201d the ten\u00adder on your com\u00adplaint, you may be able to offer the prod\u00aducts that you your\u00adself pre\u00adfer. Par\u00adtic\u00adu\u00adlar\u00adly since the com\u00adplaint com\u00admu\u00adni\u00adca\u00adtion with the client may open up com\u00adplete\u00adly new per\u00adspec\u00adtives for you. All of a sud\u00adden, an unin\u00adter\u00adest\u00ading ten\u00adder turns into a real win. And if the con\u00adtract\u00ading author\u00adi\u00adty does not coop\u00ader\u00adate, you can make a quick call to the con\u00adtract review author\u00adi\u00adties. The chances of suc\u00adcess are good with a con\u00adcealed prod\u00aduct speci\u00adfici\u00adty. Always keep in mind: Accord\u00ading to a BGH deci\u00adsion from 2011, the con\u00adtract\u00ading author\u00adi\u00adty must at least reim\u00adburse the attor\u00adney\u2019s fees in accor\u00addance with the Ger\u00adman Attor\u00adney\u2019s Fees Act (Recht\u00adsan\u00adwaltsverg\u00fc\u00adtungs\u00adge\u00adsetz) if the com\u00adplaint is well-found\u00aded. And he does it most of the time. Often also with\u00adout grum\u00adbling. <\/p>\n
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*This legal tip is not a sub\u00adsti\u00adtute for legal advice in indi\u00advid\u00adual cas\u00ades. By its very nature, it is incom\u00adplete, nor is it spe\u00adcif\u00adic to your case, and it also rep\u00adre\u00adsents a snap\u00adshot in time, as legal prin\u00adci\u00adples and case law change over time. It can\u00adnot and does not cov\u00ader all con\u00adceiv\u00adable con\u00adstel\u00adla\u00adtions, serves enter\u00adtain\u00adment and ini\u00adtial ori\u00aden\u00adta\u00adtion pur\u00adpos\u00ades and is intend\u00aded to moti\u00advate you to clar\u00adi\u00adfy legal issues at an ear\u00adly stage, but not to dis\u00adcour\u00adage you from doing so. <\/span><\/p>\n","protected":false},"excerpt":{"rendered":" You know the sit\u00adu\u00ada\u00adtion: You browse through the spec\u00adi\u00adfi\u00adca\u00adtions, and the longer you read them, the clear\u00ader it becomes to you what prod\u00aducts the client wants but has not explic\u00adit\u00adly writ\u00adten into them. Annoyed, you put the per\u00adfor\u00admance spec\u00adi\u00adfi\u00adca\u00adtion aside. Because you can not or do not want to build with these prod\u00aducts, for tech\u00adni\u00adcal [\u2026]<\/p>\n","protected":false},"author":4,"featured_media":15639,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"categories":[171],"tags":[],"team_kategorien":[],"lexikon_kategorie":[],"class_list":["post-15214","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-procurement-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15214","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/comments?post=15214"}],"version-history":[{"count":3,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15214\/revisions"}],"predecessor-version":[{"id":15996,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15214\/revisions\/15996"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media\/15639"}],"wp:attachment":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media?parent=15214"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/categories?post=15214"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/tags?post=15214"},{"taxonomy":"team_kategorien","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/team_kategorien?post=15214"},{"taxonomy":"lexikon_kategorie","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/lexikon_kategorie?post=15214"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}