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Public Law

The quality of public services is increasingly determined by skilled public procurement management. Public law, in fact, influences every companies’ activity and public administrations must also pay increasing attention to the correct execution of public law in their business and institutional activities. Our Italian team has acquired a remarkable expertise in dealing with issues such as public contracts, concession contracts, management of public private partnerships and State aids. We can guide you through complex projects, not only in the public sector but also concerning utilities. The team in Italy, can also represent you in procurement-related disputes and litigation.

With over 100 public procurement specialists, CMS has an outstanding reach and capacity for public procurement. We can support your response to public tender procedures in Italy and in numerous other countries simultaneously. Additionally, our specialists have longstanding sector-expertise across core industries. Our team can resolve your complex public tender issues, including formation and building of bidding consortia, protection of confidential information, anti-trust matters, specific rules around framework agreements, concession contracts and complex PPP projects.

Further, the team in Italy, can assist regarding how to approach different regulated tender procedures. We also provide support before Italian tribunals and courts across Europe or in front of the European Court of Justice or European Commission.

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Administrative Law
Public law influences every companies’ activity, whether they contract with public administrations or they are subject to the different regulations la
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EU
European law significantly influences national law. Needless to say that it often has direct effects, it can be invoked before national courts and las

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28/03/2022
Itali­an court re­cog­nises ret­ro­act­ive ex­emp­tion on di­vidends to for­eign...
In judg­ment No. 49/2022, the first in­stance Court of Pes­cara re­cog­nised that dis­tri­bu­tion of di­vidends from a res­id­ent com­pany to a non-res­id­ent fund must be gran­ted with an ex­emp­tion re­gime from the...
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...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
09/02/2021
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...
15/12/2020
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)...
05/05/2020
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...
04/05/2020
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...
09/04/2020
Coronavir­us (COV­ID-19) im­pact on pub­lic pro­cure­ment in Italy
Among the gov­ern­ment meas­ures ad­op­ted for the cur­rent health emer­gency, none ex­pressly refer to the course of tender pro­ced­ures that have already been launched or the ex­e­cu­tion of on­go­ing pub­lic con­tracts...
03/04/2020
COV­ID-19 epi­demi­olo­gic­al emer­gency - meas­ures in fa­vour of in­sur­ance mar­ket...
IVASS (the Itali­an In­sti­tute for the Su­per­vi­sion of In­sur­ance) re­cently ad­op­ted a num­ber of meas­ures aimed at ad­dress­ing the neg­at­ive ef­fects of the COV­ID-19 emer­gency on the in­sur­ance sec­tor. IVASS’...
27/03/2020
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...
12/09/2019
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...