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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.

With over 100 public procurement specialists in 36 cities worldwide, CMS has an outstanding reach and capacity for public procurement. We can support your response to public tender procedures in numerous countries simultaneously. Additionally, our specialists have longstanding sector-expertise across core industries including infrastructure, lifesciences/healthcare, transport and TMC. This approach means we can resolve your complex public tender issues, including formation and building of bidding consortia, protection of confidential information, anti-trust matters, evaluations, specific rules around framework agreements, concession contracts and complex PPP projects. Further, we can assist regarding feedback and debriefing and how to approach different regulated tender procedures. We also provide support before tribunals and courts across Europe or in front of the European Commission.

"CMS lawyers give a clear response to the situation along with risks and options and clear-cut solutions to problems."

Feedback from a client about the department, Chambers Europe, 2024

"The team at CMS is large and equally capable, with almost everyone having several years of experience."

Feedback from a client about the department, Chambers Europe, 2024

"CMS is approachable and pragmatic to find solutions. The lawyers focus on action and taking the next steps."

Feedback from a client about the department, Chambers Europe, 2024

"CMS has a very well balanced team with impressive availability."

Public Law client - Chambers Europe, 2023

"Virginie Dor has mastered public procurement law and provides very clear advice, always seeking the best solution for the client."

Chambers Europe, 2023

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13/05/2024
Jurisprudence récente de la Cour de justice
L’équipe des marchés publics de CMS a le plaisir de vous inviter à son cycle de formations consacrées à divers hot-topics en matière de marchés publics. Celles-ci auront lieu de 13h00 à 14h00 aux...
21/03/2024
Options et variantes – Règles applicables et conséquences pour le classement...
> GA NAAR DE NEDERLANDSE VER­SIEL’équipe des marchés publics de CMS a le plaisir de vous inviter à son cycle de formations consacrées à divers hot-topics en matière de marchés publics. Celles-ci...
08/11/2023
CMS Life Sciences Vital Signs, Winter 2023
2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed...
26/10/2023
CJEU ruling on exclusive licences for mineral water springs, weighing in...
On 21 September 2023, the Court of Justice of the EU (CJEU) ruled on an issue regarding Romanian policies on the exploitation of its mineral water springs, and clarified a matter that stands at the intersection...
12/10/2023
FSR and public pro­cure­ment/con­ces­sion procedures – Be Prepared
On 12 October 2023, the notification and declaration obligation for public procurement and concessions procedures under the Foreign Subsidies Regulation (FSR) and its implementing Regulation comes into...
21/04/2023
Key changes for companies related to the new General Product Safety Regulation
On 30 March 2023, the European Parliament adopted the General Product Safety Regulation for consumer products, which replaces the General Product Safety Directive of 2001 (2001/95/EC). The Council must...
28/03/2023
European Parliament and Council ready to start negotiations on EU Data...
In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the...
20/02/2023
Sunrise period of the Unified Patent Court to begin 1 March
After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023...
05/12/2022
EU Commission proposes to modernise product liability rules for green and...
Current product liability rules, based on the 85/374/EGK Product Liability Directive (PLD), are nearly 40 years old and no longer suitable for the modern digital age. Among other things, the PLD is uncertain...
22/09/2022
8th CMS Public Procurement Forum
We are delighted to announce that the 8th CMS Public Procurement Forum will take place in Oslo on Thursday, 22 September 2022 from 12:45 - 17:30 p.m. CET providing an update on European public procurement law. The programme will cover policy developments in the EU and recent and important decisions from the ECJ with high relevance in practice. In the second part of the event, we invite you to a comparative view sharing experiences from several jurisdictions on two topics with practical rel­ev­ance:decim­al­possible damages claims andtime limits and cut off for claims. The conference will be held in English and free of charge. There will be the possibility to participate remotely for anyone interested in these topics, but unable to attend in person. 
13/09/2022
UPC Rules of Procedure go into force with judgments to be made public
The entry into force of the Rules of Procedure is part of the final preparations for the United Patent Court (UPC), which is currently expected to start work in early 2023. After the bodies of the UPC...
24/06/2022
Regulation on foreign subsidies is heading for the finish line - European...
Since 5 May 2022, EU trilogue negotiations have been underway on the first Regulation to limit the effect of subsidies from third countries to companies active in the EU. That an agreement will be reached...