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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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18 March 2020
COV­ID-19 | Guide ana­lys­ing Roy­al De­cree-law 8/2020 on ur­gent and ex­traordin­ary...
18 March 2020
10 October 2019
CMS Ex­pert Guide to Pub­lic Pro­cure­ment
This guide provides an over­view on the EU Pub­lic Pro­cure­ment Dir­ect­ives and 20 na­tion­al pro­cure­ment laws fol­low­ing ten ques­tions, answered by CMS pub­lic pro­cure­ment spe­cial­ists.
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...
09 January 2019
CMS among Spain’s most re­cog­nised firms
Firmas le­gales más fuertes en Es­paña
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...
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...
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...
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...
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...
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...
30 January 2017
Ten­der­ers must com­ply with re­quire­ments for ex­clu­sion grounds at date of...
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...