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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 regulati
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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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12/03/2024
After EU Commission's first decision on Carbon Contracts for Difference,...
The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Fol­low­ing the...
08/11/2023
CMS Life Sciences Vital Signs, Winter 2023
2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed...
06/11/2023
Public Procurement - Foreign Subsidies notification requirements are under...
Following the adoption of the Im­ple­ment­ing Reg­u­la­tion (EU) 2023/1441 of 10 July 2023 (i.e. the ‘Implementing Regulation’), the notification requirements set out in Regulation (EU) 2022/2560 of...
26/10/2023
CJEU ruling on exclusive licences for mineral water springs, weighing in...
On 21 September 2023, the Court of Justice of the EU (CJEU) ruled on an issue regarding Romanian policies on the exploitation of its mineral water springs, and clarified a matter that stands at the intersection...
22/05/2023
The new Public Contracts Code - Part 2
04/05/2023
The new Public Contracts Code - Part 1
Pursuant to the implementation of the delegation contained in Law No. 78 of 21 June 2022, the new Public Contracts Code (the 'new Code') has been definitively approved by Legislative Decree No. 36, which...
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...
12/12/2022
New European Commission public consultation on the future EU Regulation...
On 16 November 2022, the European Commission published its draft Regulation on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid. Interested...
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...