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Public Law

Italy

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 laid down to guarantee public interests. Public administrations as well must pay increasing attention to the correct execution of public law in their business and institutional activities.

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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 last but not least,  has precedence over national law.

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    17 Jan 17
    CMS a Da­v­os con il for­um "Ar­ti­fi­cial in­tel­li­gence and...
    12 Sep 19
    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...
    12 Jan 17
    Pub­lic-in­terest en­tit­ies' ob­lig­a­tion to provide in­form­a­tion...
    CMS | NEWS­LET­TER ITALY 12 Janu­ary 2017
    15 Jan 19
    European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
    On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds...
    03/06/2015
    Does your com­pany com­ply with the EU en­ergy ef­fi­ciency...
    27 Nov 17
    The Be­ne­fits of Joint Cross Bor­der Pub­lic Pro­cure­ment
    Since the European Com­mis­sion’ feas­ib­il­ity study on Joint Cross-Bor­der Pub­lic Pro­cure­ment (“JCBPP”) was re­leased in March 2017 there has been in­creas­ing mo­mentum for con­tract­ing au­thor­it­ies (“CA”)...
    14/05/2014
    CMS Italy News­let­ter | 14 May 2014
    Pub­lic Con­tracts: wider op­tions for con­tract­ing au­thor­it­ies...
    30 Oct 17
    ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
    IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’...
    14/05/2014
    Pub­lic Con­tracts: wider op­tions for con­tract­ing au­thor­it­ies...
    04 Oct 17
    Ap­plic­able threshold for the ob­lig­a­tion to con­sider the di­vi­sion of...
    Art­icle 58 of the Law of 17 June 2016 on pub­lic pro­cure­ment re­quires all con­tract­ing au­thor­it­ies to con­sider the di­vi­sion of con­tracts in­to lots and, where the con­tract­ing au­thor­ity de­cides that it would...
    13 Sep 17
    The ap­plic­a­tion of EU mer­ger con­trol cla­ri­fied: no EC no­ti­fic­a­tion...
    In the first ever pre­lim­in­ary rul­ing on the EU mer­ger con­trol re­gime, the Court of Justice of the European Uni­on ("CJEU") brought much needed clar­ity on wheth­er the shift from sole con­trol to joint con­trol...
    27 Apr 17
    Pub­lic pro­cure­ment sub­con­tract­ing: re­quir­ing con­tract­or to ex­ecute...
    As you will re­call, the Court of Justice ruled in a judg­ment of 14 Ju­ly 2016 (C-406/14) that a con­tract­ing au­thor­ity is not al­lowedto re­quire, by a gen­er­al stip­u­la­tion in the tender spe­cific­a­tions of...