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Public Procurement

Our public procurement department advises public entities on the design and drafting of specifications and contractual documents, as well as providing proactive assistance to companies in relation to the interpretation of rights and obligations and the definition of the best strategy to follow in tenders, using our vast knowledge and experience of the corresponding regulations and case law. 

We advise on the key phase following the conclusion of agreements with regards to disputes linked to their execution, arising from concepts such as contractual amendments, financial rebalancing, unjust enrichment, claims for damages and claims for the payment of outstanding debts. Moreover, our services extend to subsequent appeals before the authorities and courts against actions and decisions.

The multidiscipline composition of our team enables us to understand our clients’ needs in order to maximise their chances of success not only from a public procurement perspective, but also with regards to key regulatory elements such as European Union law and market unity legislation.

With more than 200 lawyers in 44 countries specialising in public procurement, CMS is able to boast a far-reaching and extraordinary capacity in this sector.


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12/12/2022
New European Com­mis­sion pub­lic con­sulta­tion on the fu­ture EU Reg­u­la­tion...
On  16 Novem­ber 2022, the European Com­mis­sion pub­lished its draft Reg­u­la­tion on the ap­plic­a­tion of Art­icles 107 and 108 of the Treaty on the Func­tion­ing of the European Uni­on to de min­imis aid. In­ter­ested...
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...
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...
26/08/2022
Pub­lic pro­cure­ment reg­u­la­tion in Spain
Oc­to­ber 2018 1. Where can one find pub­lic pro­cure­ment no­ti­fic­a­tions for Spain? European Uni­on Of­fi­cial Journ­al.Of­fi­cial Spain’s Of­fi­cial State Gaz­ette (Boletín Ofi­cial del Es­tado).Pub­lic Sec­tor Con­tract­ing...
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...
10/06/2022
CMS Ex­pert Guide on rising raw ma­ter­i­al prices in Spain
1. Have spe­cif­ic le­gis­lat­ive or reg­u­lat­ory pro­vi­sions been ad­op­ted by the Gov­ern­ment in re­la­tion to the in­crease in the price of raw ma­ter­i­als? To mit­ig­ate the con­sequences of the rise in the prices...
Comparable
04/11/2021
The European Com­mis­sion launches second call for large-scale pro­ject pro­pos­als...
On 26 Oc­to­ber 2021, the European Com­mis­sion has for the second time ini­ti­ated a call for pro­pos­als of large-scale pro­jects, i.e. those with a cap­it­al cost ex­ceed­ing EUR 7.5 mil­lion, in the con­text of...
26/10/2021
The European Com­mis­sion is­sues guidelines on the clos­ure of op­er­a­tion­al...
On 14 Oc­to­ber 2021, the European Com­mis­sion pub­lished its guidelines on the clos­ure of op­er­a­tion­al pro­grammes ad­op­ted for as­sist­ance from the European Re­gion­al De­vel­op­ment Fund, the European So­cial Fund...
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...