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Public Procurement

Spain

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 43 countries specialising in public procurement, CMS is able to boast a far-reaching and extraordinary capacity in this sector.

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09 February 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...
Law-Now Energy & Climate Change
15 December 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)...
Law-Now Life Sciences & Healthcare
05 May 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...
Law-Now Coronavirus (COVID-19)
04 May 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...
Law-Now Coronavirus (COVID-19)
27 March 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...
Law-Now Coronavirus (COVID-19)
18 March 2020
COV­ID-19 | Guide ana­lys­ing Roy­al De­cree-law 8/2020 on ur­gent and ex­traordin­ary...
Fol­low­ing the ap­prov­al of Roy­al De­cree-law 8/2020 of 17 March on ur­gent and ex­traordin­ary meas­ures to ad­dress the eco­nom­ic and so­cial im­pact of COV­ID-19, our ex­perts have com­piled a guide on the nu­mer­ous...
Newsletter Coronavirus (COVID-19)
10 October 2019
CMS Ex­pert Guide to pub­lic pro­cure­ment reg­u­la­tion and law
In­tro­duc­tion Pub­lic pro­cure­ment is a power­ful tool for gov­ern­ments try­ing to cre­ate dy­nam­ic, in­nov­at­ive and sus­tain­able mar­kets, eco­nom­ies and so­ci­et­ies. Ac­cord­ing to the European Com­mis­sion, “every...
Expert Guide Public Procurement
12 September 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...
Law-Now Commercial
15 January 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...
Law-Now Competition & EU
09 January 2019
CMS among Spain’s most re­cog­nised firms
Iberi­an Law­yer has pub­lished a fea­ture on the most re­cog­nised law firms in Spain, with CMS de­b­ut­ing as one of the rank­ing’s strongest new­comers.  The list has been com­piled based on in­form­a­tion gathered...
News Banking & Finance
19 November 2018
Oil and Gas: Pro­tect­ing LNG pro­ject and feed-gas sup­ply from State in­ter­fer­ence
A re­cent award rendered by a tribunal act­ing un­der the aus­pices of IC­SID, the World Bank’s ar­bit­ra­tion in­sti­tu­tion, in Uni­on Fen­osa Gas S.A. v Ar­ab Re­pub­lic of Egypt, provides fur­ther guid­ance for com­pan­ies...
Law-Now Energy & Climate Change
04 October 2017
Ap­plic­able threshold for the ob­lig­a­tion to con­sider the di­vi­sion of con­tracts...
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...
Law-Now Public Law & Regulated Sectors
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