Impact on public procurement procedures.
The EU Foreign Subsidies Regulation (FSR) was published on 23 December 2022. It will take effect on 12 July 2023 and provides for mandatory notification requirements from 12...more
The EU Directive of 26 February 2014 on public procurement (the Public Procurement Directive) allows for tenders to rely on the capacity of a third party to meet the selection criteria. ...more
On 15 March 2021, the European Commission (the Commission) published its long-awaited “Notice on tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (the Notice).
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In its most recent case law, the European Court of Justice (CJEU) provides further guidance on the demarcation between real estate transactions and the application of public procurement legislation to contracts for works.
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To be forewarned is to be forearmed: public procurement procedures and remedies - judgement of the CJEU in CASE C-771/19 NAMA AND OTHERS V ARCHI EXETASIS...more
This e-Alert summarizes a recent judgment of the European Court of Justice regarding the scope of public procurement legislation, in particular concerning the notion of “bodies governed by public law” and how this could apply...more
Public Procurement - Concessions Directive 2014/23 - Advocate General Campos Sanchéz-Bordona advises the Court of Justice on what may constitute ‘substantial modifications’ to a concession.
In its recent opinion, the Court...more
In its judgment of 14 January 2021 the European Court of Justice provides guidance on “self-cleaning measures”. The “self-cleaning” measures were introduced in the 2014 Directives on public procurement and allow economic...more