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Public Law

Italy

The quality of public services is increasingly determined by skilled public procurement management. Public law, in fact, influences every companies’ activity and public administrations must also pay increasing attention to the correct execution of public law in their business and institutional activities. Our Italian team has acquired a remarkable expertise in dealing with issues such as public contracts, concession contracts, management of public private partnerships and State aids. We can guide you through complex projects, not only in the public sector but also concerning utilities. The team in Italy, can also represent you in procurement-related disputes and litigation.

With over 100 public procurement specialists, CMS has an outstanding reach and capacity for public procurement. We can support your response to public tender procedures in Italy and in numerous other countries simultaneously. Additionally, our specialists have longstanding sector-expertise across core industries. Our team can resolve your complex public tender issues, including formation and building of bidding consortia, protection of confidential information, anti-trust matters, specific rules around framework agreements, concession contracts and complex PPP projects.

Further, the team in Italy, can assist regarding how to approach different regulated tender procedures. We also provide support before Italian tribunals and courts across Europe or in front of the European Court of Justice or European Commission.

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    Administrative Law

    Public law influences every companies’ activity, whether they contract with public administrations or they are subject to the different regulations laid down to guarantee public interests. Public administrations as well must pay increasing attention to the correct execution of public law in their business and institutional activities.

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    EU

    European law significantly influences national law. Needless to say that it often has direct effects, it can be invoked before national courts and last but not least,  has precedence over national law.

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    Olivia Jamison
    03/06/2015
    Does your com­pany com­ply with the EU en­ergy ef­fi­ciency...
    27/11/2017
    The Be­ne­fits of Joint Cross Bor­der Pub­lic Pro­cure­ment
    Since the European Com­mis­sion’ feas­ib­il­ity study on Joint Cross-Bor­der Pub­lic Pro­cure­ment (“JCBPP”) was re­leased in March 2017 there has been in­creas­ing mo­mentum for con­tract­ing au­thor­it­ies (“CA”) to or­gan­ise JCBPPs.
    30/10/2017
    ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
    IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’ and there­fore sub­ject to the pro­cure­ment rules, even where.
    04/10/2017
    Ap­plic­able threshold for the ob­lig­a­tion to con­sider the di­vi­sion of...
    Art­icle 58 of the Law of 17 June 2016 on pub­lic pro­cure­ment re­quires all con­tract­ing au­thor­it­ies to con­sider the di­vi­sion of con­tracts in­to lots and, where the con­tract­ing au­thor­ity de­cides that it would not be ap­pro­pri­ate to di­vide the con­tract in­to lots,.
    13/09/2017
    The ap­plic­a­tion of EU mer­ger con­trol cla­ri­fied: no EC no­ti­fic­a­tion...
    In the first ever pre­lim­in­ary rul­ing on the EU mer­ger con­trol re­gime, the Court of Justice of the European Uni­on ("CJEU") brought much needed clar­ity on wheth­er the shift from sole con­trol to joint con­trol in an ex­ist­ing un­der­tak­ing is covered by the EU Mer­ger.
    27/04/2017
    Pub­lic pro­cure­ment sub­con­tract­ing: re­quir­ing con­tract­or to ex­ecute...
    As you will re­call, the Court of Justice ruled in a judg­ment of 14 Ju­ly 2016 (C-406/14) that a con­tract­ing au­thor­ity is not al­lowedto re­quire, by a gen­er­al stip­u­la­tion in the tender spe­cific­a­tions of a pub­lic con­tract, that the fu­ture con­tract­or of that con­tract.
    10/02/2017
    As­sess­ing pro­por­tion­al­ity in pub­lic pro­cure­ment? The un­cer­tainty re­mains
    On 14 Decem­ber 2016, the European Court of Justice ("ECJ") answered the Dutch Su­preme Court’s ("DSC") pre­lim­in­ary ques­tions re­gard­ing Art­icle 45 (2) of the EU pub­lic pro­cure­ment dir­ect­ive (Dir­ect­ive 2004/18/EC) and gen­er­al prin­ciples of equal treat­ment and.
    30/01/2017
    Ten­der­ers must com­ply with re­quire­ments for ex­clu­sion grounds at date...
    On 10 Novem­ber 2016, the Court of Justice rendered an in­ter­est­ing de­cision (in Ciclat Soc. coop. v. Con­sip SpA, C-199/15) re­gard­ing the ap­plic­a­tion of ex­clu­sion grounds. In this par­tic­u­lar case, a ten­der­er did not com­ply with its ob­lig­a­tions of so­cial se­cur­ity.
    22/11/2016
    Dis­pute res­ol­u­tion in the con­struc­tion in­dustry: a new pro­ced­ure has...
    Dis­putes of­ten arise dur­ing con­struc­tion pro­jects. In these cases the cli­ent and the con­struct­or face a unique chal­lenge: how to settle the dis­pute without delay­ing the pro­ject and without adding ex­tra costs? For such dis­putes the Ar­bit­ra­tion Board for the.