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Public Procurement

Contracting authorities and bidders in local, EU and international procurement procedures, need to rely on legal advice informed by extensive experience on both sides of the process. Public procurement legislation has undergone some significant changes in Central and Eastern Europe in recent years. Despite legislation moving closer towards harmonisation with the EU, many practical challenges remain. CMS has worked on scores of complex projects in the region over the last two decades and fields specialist public procurement lawyers across 17 full-service offices.

Our lawyers offer a powerful combination of local expertise and insight coupled with international know-how and perspective on public procurement issues. We can guide you through complex public tender issues, from the formation and building of bidding consortia, concession contracts and sophisticated PPP projects, through to compliance, investigations and procurement-related disputes and litigation.

In the Czech Republic and across CMS, our specialists have longstanding sector-expertise across core industries including infrastructure, lifesciences/healthcare, transport, and technology, media and communications. 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.


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31/08/2021
Pub­lic pro­cure­ment reg­u­la­tion in the Czech Re­pub­lic
Ju­ly 2021 1. Where can one find pub­lic pro­cure­ment no­ti­fic­a­tions for the Czech Re­pub­lic? Journ­al of Pub­lic Con­tracts (Věst­ník veře­jných za­kázek) ad­min­istered by the Min­istry for Re­gion­al De­vel­op­ment...
04/06/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care law­yers
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
09/02/2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
15/12/2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
05/05/2020
Coronavir­us crisis: More flex­ib­il­ity for European struc­tur­al and in­vest­ment...
On 23 April 2020, the European Uni­on ad­op­ted Reg­u­la­tion (EU) N° 2020/558 on spe­cif­ic meas­ures to provide ex­cep­tion­al flex­ib­il­ity in the use of European Struc­tur­al and In­vest­ment Funds in re­sponse to...
04/05/2020
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
02/04/2020
Czech pro­cure­ment rules waived for COV­ID-19 emer­gency med­ic­al sup­plies
In light of the state of emer­gency in the Czech Re­pub­lic de­clared on 12 March 2020, the Of­fice for the Pro­tec­tion of Com­pet­i­tion of the Czech Re­pub­lic is­sued a state­ment that pro­cure­ment rules can be...
27/03/2020
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for spon­sors...
The COV­ID-19 pan­dem­ic has had a dra­mat­ic im­pact on European health sys­tems, whose pri­or­ity first and fore­most is the treat­ment of pa­tients suf­fer­ing from this dis­ease both in the in-pa­tient and out-pa­tient...
12/09/2019
UK food and cos­met­ic pro­du­cers to the EU to face new reg­u­la­tions after...
As Brexit draws near­er and with the like­li­hood of an un­reg­u­lated exit still not off the table, EU-27 com­pan­ies im­port­ing or selling food or cos­met­ics from Great Bri­tain face li­ab­il­ity risks if they con­tin­ue...
15/01/2019
European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion mod­el
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...
02/07/2018
E-pub­lic pro­cure­ment CEE 2018
Pub­lic pro­cure­ment is not ex­empt from the trend to­wards elec­tron­ic com­mu­nic­a­tion and con­tract­ing. The aim of the EU’s Pub­lic Pro­cure­ment Dir­ect­ive is to in­tro­duce elec­tron­ic com­mu­nic­a­tions at all stages...