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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 Hungary and across CMS, our specialists have long-standing sector-expertise across core industries including infrastructure, life sciences & 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.

The Public Procurement Team with five dedicated procurement experts in Hungary focuses on assisting mostly bidders throughout the whole tender procedure from preparing the bid to remedy procedures. Our procurement specialists have delivered outstanding results despite the ever changing legal environment in recent years.

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High­lights of our ex­per­i­ence in Pub­lic Pro­cure­ment in Hun­gary
Funk­werk AG on the suc­cess­ful rep­res­ent­a­tion of the cli­ent be­fore the Pub­lic Pro­cure­ment Dis­pute Board, as a res­ult of which the cli­ent was able to tender in a high value pub­lic pro­cure­ment, after its ap­plic­a­tion was deemed un­law­fully in­val­id.Roche - a long­stand­ing co­oper­a­tion with the Dia­gnostics di­vi­sion, daily as­sist­ance in vari­ous tender pro­ced­ures re­lated to med­ic­al devices, provid­ing com­plex leg­al ser­vices in­clud­ing pub­lic pro­cure­ment, com­pet­i­tion, reg­u­lat­ory and data pri­vacy is­sues.Tel­en­or Satel­lite Broad­cast­ing on a EUR 10m pub­lic pro­cure­ment dis­pute and pro­ced­ure be­fore the PP­DB and the re­lated in­ter­na­tion­al ar­bit­ra­tion pro­ceed­ings.Er­ste Bank Hun­gary on the com­plex re­view of cer­tain PPP pro­jects in­clud­ing nu­mer­ous pub­lic pro­cure­ment agree­ments, ana­lys­ing vari­ous pub­lic pro­cure­ment is­sues aris­en on the bid­der side.Scheidt & Bach­mann on a com­plex amend­ment of a con­tract con­cluded as a res­ult of a pub­lic pro­cure­ment pro­ced­ure launched by MÁV (Hun­gari­an Rail­way). Suc­cess­ful rep­res­ent­a­tion of the cli­ent in ne­go­ti­ations with the Hun­gari­an Rail­way, reach­ing agree­ment with the con­tract­ing au­thor­ity.


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20 April 2020
CEE Green­field Guide
This guide to in­vest­ment in the Cent­ral and East­ern European (“CEE”) re­gion is in­ten­ded to help po­ten­tial in­vestors un­der­stand what in­cent­ives are avail­able when in­vest­ing in the lead­ing coun­tries in CEE. It also sets out in­form­a­tion about the pro­cess for
10 October 2019
CMS Ex­pert Guide to pub­lic pro­cure­ment reg­u­la­tion and law
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.
27 May 2020
Hun­gary is­sues de­cree re­quir­ing min­is­teri­al ap­prov­al for cer­tain for­eign...
The Hun­gari­an gov­ern­ment has is­sued a new de­cree, No. 227/2020 that in­tro­duces tem­por­ary meas­ures for spe­cial trans­ac­tions re­lated to stra­tegic com­pan­ies in­cor­por­ated in Hun­gary. These meas­ures entered...
10 July 2019
High­lights of our ex­per­i­ence in Pub­lic Pro­cure­ment in Hun­gary
08 May 2020
Hun­gary an­nounces ex­ten­ded cor­por­ate tax re­lief for in­vest­ments and de­vel­op­ments
As part of the meas­ures taken to re­start Hun­gary's na­tion­al eco­nomy as a res­ult of the coronavir­us epi­dem­ic, spe­cial rules of de­vel­op­ment re­serve have been an­nounced in or­der to help com­pan­ies re­cov­er...
June 2019
CMS in Hun­gary 2019
CMS’ Bud­apest of­fice has been act­ive in Hun­gary since 1989. Our award-win­ning team of 75 law­yers ad­vises na­tion­al and in­ter­na­tion­al or­gan­isa­tions on the full range of com­mer­cial law. Down­load our bro­chure to find out more about us.
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...
02 July 2018
E-pub­lic pro­cure­ment CEE 2018
The E-pub­lic pro­cure­ment guide for CEE from CMS provides an over­view for eco­nom­ic op­er­at­ors that are in­ter­ested in, or en­gaged with pub­lic pro­cure­ment pro­ced­ures in the CEE re­gion.
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...
08 May 2018
Green­field In­vest­ments in CEE 2018
16 April 2020
Hun­gary: Tem­por­ary meas­ures re­lat­ing to the sup­ply and use of medi­cin­al...
New Hun­gari­an Gov­ern­ment De­crees in­tro­duced tem­por­ary meas­ures re­lat­ing to the sup­ply and use of medi­cin­al products dur­ing the state of emer­gency ordered in re­sponse to the COV­ID-19 pan­dem­ic. These meas­ures...
1 September 2017
CEE Pub­lic Pro­cure­ment Tool­box for Rem­ed­ies