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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 15 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 CEE/SEE region 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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21/04/2023
Key changes for com­pan­ies re­lated to the new Gen­er­al Product Safety Reg­u­la­tion
On 30 March 2023, the European Par­lia­ment ad­op­ted the Gen­er­al Product Safety Reg­u­la­tion for con­sumer products, which re­places the Gen­er­al Product Safety Dir­ect­ive of 2001 (2001/95/EC). The Coun­cil must...
28/03/2023
European Par­lia­ment and Coun­cil ready to start ne­go­ti­ations on EU Data...
In Feb­ru­ary 2022 the European Com­mis­sion presen­ted its pro­pos­al for the EU Data Act, which – if ad­op­ted - will in­tro­duce a far-reach­ing leg­al re­gime on ac­cess to and use of non-per­son­al data in the...
20/02/2023
Sun­rise peri­od of the Uni­fied Pat­ent Court to be­gin 1 March
After the fi­nal ver­sion of the UPC Rules of Pro­ced­ure had been ad­op­ted and the judges of the UPC had been se­lec­ted and ap­poin­ted, the start of the Sun­rise Peri­od, ori­gin­ally planned for 1 Janu­ary 2023...
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 Croa­tia
Oc­to­ber 2018 1. Where can one find pub­lic pro­cure­ment no­ti­fic­a­tions for Croa­tia? All no­ti­fic­a­tions and re­lated pro­cure­ment doc­u­ments are ac­cess­ible on­line through a cent­ral­ized elec­tron­ic pub­lic pro­cure­ment...
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...
27/02/2022
Hand­ling the new EU and UK sanc­tions against Rus­sia
Since 2014, the EU and the UK have pro­gress­ively im­posed sanc­tions on Rus­sia in re­sponse to the crisis in Ukraine. Fol­low­ing the latest events, both the EU and the UK, as well as many oth­er coun­tries...
24/11/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
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...
22/06/2021
Screen­ing for­eign sub­sidies – only for state aid en­thu­si­asts?
In May, the European Com­mis­sion presen­ted its pro­pos­al for a For­eign Sub­sidy Reg­u­la­tion. In our second DiGI POD epis­ode, Rox­ana Kruse, Peter Giese and Mor­itz Pot­tek will present the key points of the...