Law / Germany

Act against Restraints of Competition (GWB), section 121(2), accessibility criteria in the description of the performance

Gesetz gegen Wettbewerbsbeschränkungen (GWB), § 121 Abs. 2 und 3

In force.

A procurement conditions rule binding public and private bodies.

Instrument type
an act of a legislature

As of .

What it requires

  • If you sell goods, services or works that a contracting entity procures for use by natural persons, expect its description of the performance to take account of the accessibility criteria for persons with disabilities or design for all users, except in duly justified cases (GWB, s. 121(2)); the subsection names no technical standard.
  • The description of the performance forms part of the procurement documents you tender against (s. 121(3)).

These lines are LexLint's reading of the law's text, as of .

What this law does

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Research summary

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Section 121(2) of the Act against Restraints of Competition requires that, in procuring performance intended for use by natural persons, the accessibility criteria for persons with disabilities or design for all users be taken into account when the description of the performance is drawn up, except in duly justified cases. Section 121(3) attaches the description of the performance to the procurement documents. The consolidated section states no day from which subsection (2) applies.

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