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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...
    15/01/2019
    European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
    On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds nu­mer­ic­al games (the Lotto) and the con­di­tions for its tender.
    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,.
    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.