Jurisdiction(s):
European Union

EU Public Procurement: Directives, Remedies, CJEU case law, core principles, defence/security, concessions, e-procurement, green procurement, foreign subsidies and support for major infrastructure

Published by a LexisNexis EU Law expert

Practice notes

Public procurement describes how public bodies, including central government departments and local councils, buy works (for example, construction), goods or services from private sector providers. Each year, more than 250,000 contracting authorities across the EU allocate about 14% of GDP (approximately €2 trillion annually) to acquiring services, works and supplies.

The EU public procurement Directives

At EU level, a number of institutions take part in shaping and enforcing public procurement law. The European Commission prepares legislative initiatives, implements decisions of the European Parliament and of the Council of the European Union, and ensures that public procurement Directives are upheld. The Court of Justice of the European Union (CJEU) examines whether Member States satisfy their obligations under the Treaty of the Functioning of the European Union (TFEU) and under EU law. Both the Council of the EU and the European Parliament legislate jointly, while the Commission supervises their implementation. The EU typically adopts its policies through Regulations, Directives, Decisions, Recommendations and Opinions, as provided for in Article 288 of the TFEU. Regulations and Directives are the chief instruments by which legal rules are put into effect across the whole EU. The EU public procurement regime is mainly derived from a series...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Victoria Topoll

Bird & Bird

As associate in the Regulatory and Administrative Practice Group in Düsseldorf, Ms. Topoll advises both the public sector and private companies in public procurement procedures. Her practice specializes on issues related to public procurement law especially in the sectors of information technology, public health, transport, defence and public security.Her main consulting activities for national and international clients besides public procurement procedures focus on projects concerning regulatory law, EU state aid and subsidies law as well as IT contract law. In infrastructural and innovative large-scale projects, especially in the IT sector, she assists clients in all stages from the preparation of the contract award to the project implementation. ...

Andrew Dean

Bird & Bird

As a London-based partner in our Commercial practice, I support clients at the intersection of government and business.I focus on market-first and internationally significant transactions, contentious procurement and public law matters, as well as regulatory and policy development. With extensive experience representing both government and business entities in the UK and internationally, I have a deep understanding of the pathways and strategies required to transact and engage effectively in these areas, helping clients achieve their strategic objectives in increasingly complex and uncertain markets.I am a trusted advisor to governments, statutory corporations and utilities on their most complex and strategically important projects, advising on all aspects of procurement and public law. I have extensive experience across a range of transaction types such as procurements, PPPs, large-scale outsourcing and technology transactions, divestments, M&A and financial assistance, with a particular focus on regulated sectors such as...

Dr Benjamin Wübbelt

Bird & Bird

As a partner in the Public Projects and Procurement Group in Düsseldorf, Dr. Wübbelt advise his clients on project implementation at the interface between public procurement law and information technology law. His practice focuses on public procurement law with a particular emphasis on information technology and data protection law. He advise on complex IT infrastructure projects throughout the entire project lifecycle, including contract drafting and project implementation. He also advise clients comprehensively on all data protection matters in relation to social security data, as well as IT security and IT compliance issues. Outside his practice, he regularly give specialist lectures on IT law topics, including legal issues of cloud computing and IT security....

Tom Ward

Bird & Bird

I am an associate in Bird & Bird's projects team, focusing on public sector, utilities, and private sector procurement. I have experience of supporting both public and private sector clients.I have previously worked in central government and, therefore, have had first-hand experience of a public authority's ways of working and the external and internal pressures a public authority may encounter. I draw on this insight to take a practical and collaborative approach when advising both public and private sector clients to ensure that project objectives are achieved.I have advised on a wide range of public procurement, public law, and subsidy control issues, including advising on and/or drafting of:Public procurement: the strategy and structure of procurements – including exemptions to the relevant procurement regime; selection and award criteria; the running of procurements, including the establishment of DPSs and large...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...