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Public Law

Belgium

Our Public and Administrative law team has a broad experience in all fields of public and administrative law. We deal with the most important matters concerning public procurements and financing public projects, public-private partnerships and public utilities. We also provide representation before regulatory authorities, the European Commission, the Competition Council in Belgium and other national jurisdictions. Whether you are a public organization, a municipal, regional or federal government or a European institution, our lawyers always handle your matters with an in-depth understanding of the sector in which you operate.

Our lawyers assist their clients in drafting laws and regulations (including for the implementation of European directives), in the creation of new public or private actors, or their reorganisation. We have an extensive knowledge of the public authorities’ interventions in the economy: competition, State aid, public holdings, inter-municipal entities, economic expansion laws, public service concessions, management agreements, exclusive and special rights, Eurostat criteria, etc.

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"Business-oriented, accessible and flexible"

Feedback from a client, Chambers Europe, 2018

"Clear, structured and well-prepared advice."

Feedback from a client, Chambers Europe, 2018

"Sources laud the 'very competent and pragmatic' lawyers and highlight their responsiveness."

Chambers Europe, 2018

"The team was very flexible. They delivered complex output within a very short timeframe and they gathered the right resources to help us. I always feel supported by the CMS team."

Feedback from a client - Chambers Europe, 2017

“[The team leaves a] really good impression due to its perfect reactivity and really good knowledge of the subject," and adds that it delivers "concrete opinions and advice to the questions asked."

Feedback from a client - Chambers Europe, 2017

"Virginie Dor [...] is praised by interviewees for providing 'hands-on, pragmatic advice to clients whose business she understands very quickly'."

Chambers Europe, 2018

“Annabelle Lepièce has notable experience in aviation matters, continuing to represent the SOWAER and the Walloon Authorities in relation to recent developments in the Commission's investigation into alleged state aid granted by Charleroi Airport to Ryanair.”

Chambers Europe 2018

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    Public Procurement & PPP

    The quality of public services is increasingly determined by skilled public procurement management. Your business and any real estate developments, joint ventures, restructuring or sale programmes cannot function without a deep understanding of how procurement regulates your plans. As a contracting authority or a bidder in local, EU and international procurement procedures, you can benefit from legal advisors with extensive experience on both sides of the process. We can guide you through complex infrastructure, transport and IT projects, not only in the public sector but also concerning utilities such as electricity, gas and airports. We can also represent you in procurement-related disputes and litigation.

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    Com­mentaire art­icle par art­icle de la loi du 17 juin...
    Marchés pub­lics - Over­heidsop­dracht­en
    En­vir­on­ment, En­ergy & Pub­lic Real Es­tate

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    Laurine Georgis
    22/06/2018
    June 2018 News­let­ter
    15/06/2018
    ES­PD re­quired on sub­mis­sion of tender
    Two re­cent Bel­gian Coun­cil of State judg­ments cla­ri­fied the con­sequences for tenders sub­mit­ted without a European Single Pro­cure­ment Doc­u­ment (“ES­PD”), a doc­u­ment of self-de­clar­a­tion to be filed by ten­der­ers in or­der to de­clare that they ful­fil all qual­it­at­ive.
    30/11/2017
    Novem­ber 2017 News­let­ter
    14/05/2018
    Pri­or­it­ies of the Bel­gian Com­pet­i­tion Au­thor­ity for 2018
    On 27 April 2018, the Bel­gian Com­pet­i­tion Au­thor­ity is­sued a doc­u­ment set­ting out its policy pri­or­it­ies for the cur­rent year. This doc­u­ment, which has ex­is­ted since 2014, ex­plains how the Au­thor­ity se­lects its form­al in­vest­ig­a­tions and de­scribes its stra­tegic.
    Virginie Dor
    20/11/2017
    Marchés pub­lics co­deX over­heidsop­dracht­en
    01/12/2017
    Cir­cu­laire ré­gionale du 2 oc­tobre 2017 e-Pro­cure­ment – Util­isa­tion...
    La cir­cu­laire ré­gionale du 2 oc­tobre 2017, en­cadrant l’util­isa­tion des ap­plic­a­tions e-Pro­cure­ment par les en­tités de la Ré­gion de Bruxelles-Cap­itale, im­pose une série de mesur­es qui doivent être mises en œuvre par les en­tités ré­gionales pour le 1er décembre.
    27/10/2017
    Oc­to­ber 2017 News­let­ter
    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.
    29/09/2017
    Septem­ber 2017 News­let­ter
    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.
    19/06/2017
    Guide to the EU pub­lic pro­cure­ment rules
    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,.