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Public Procurement Guide

Download our contribution for France


The CMS Public Procurement Guide offers you a comprehensive guide to the most relevant procurement issues in 17 jurisdictions.

According to the European Commission, “Every year, over 250,000 public authorities in the EU spend around 14% of GDP on the purchase of services, works and supplies,” and EU countries are not the only ones to recognise this. Knowing the importance of having a reliable system to handle this spending, countries set out minimum harmonised public procurement rules. The CMS Public Procurement Group offers you a comprehensive and updated guide to the most relevant procurement issues in 17 jurisdictions.

Public Procurement Guide: explanations on all the rules and procedures

In this new CMS guide to public procurement, we set out the key rules, thresholds, and procedures for public and private contracting authorities and entities; indicate whether it is mandatory or optional to use e-procurement or e-signatures; and detail the extent to which procurement contracts can be amended after being awarded.

Kawthar Ben Khelil, senior associate, and François Tenailleau, partner, from our public law team, have contributed to the drafting of chapters for France. They introduce you to the key specificities in France based on a question and answer methodology.

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Public Procurement Guide: what about the 16 other countries?

They also highlight the key similarities and important differences between the national regimes in 16 countries other than France: Austria, Bulgaria, China, Colombia, Croatia, Czech Republic, Germany, Hungary, Italy, Montenegro, the Netherlands, Serbia, Slovak Republic, Spain, Switzerland and Turkey. We expect updates from other jurisdictions where we have public procurement expertise in the coming months, as well as for France in light of the recent publication of the first French Public Procurement Code.

If you have any questions regarding e-procurement or if you need advice regarding any of these jurisdictions, please feel free to contact the local experts who authored the relevant chapters.

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Did you know?

Often announced and finally a reality thanks to the enactment of the “Sapin II Law” and the preliminary work performed when the public procurement and concession directives were transposed, France now has its new Public Procurement Code (Code de la commande publique), published in the official journal of France on 5 December 2018 and to come into force on 1 April 2019.

François Tenailleau, a partner in the firm’s Public Law/Infrastructure Department, participated in the drafting of this new Public Procurement Code. Our team of specialists is available to help you understand the major structural orientations, as well as less obvious textual adjustments that may prove to create new practices, presented in this new Code. 

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Expertise: Public Procurement

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Expertise: Public Law

Public Procurement Guide
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Picture of Kawthar Ben Khelil
Kawthar Ben Khelil
Picture of Francois Tenailleau
François Tenailleau