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eAlerts Récentes

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  31.03.2023

  Bulgarie

  CMS Ex­pert guide on Right Bid­ding vs Bid Rig­ging

  Public procurement rules and their strict observance is of key importance to ensure good quality products and services to citizens on the best possible financial and service delivery terms. An efficient competitive process in tenders can lead to lower prices, higher quality and more innovation in the supply of goods and services.Bid rigging refers to illegal agreements between participants in tenders with the aim of distorting competition in award procedures and enabling a predetermined tenderer to secure a contract while creating the impression that the procedure is genuinely competitive. Often...

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  28.03.2023

  Europe

  Eu­ro­pean Par­lia­ment and Coun­cil ready to start ne­go­tia­tions on EU Data Act – Eu­rope gets clo­ser to adop­ting a data law

  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 EU and will, similar to the GDPR, be applicable to businesses established outside the EU. The proposed regulation contains a set of rules defining how various forms of data can be used and by whom for purposes across all economic sectors with the aim of creating a new data-agile ecosystem. While the new law will bring new opportunities, it will also create legal challenges for all actors in the...

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  14.03.2023

  Chine

  China has ac­ce­ded to the Hague Con­ven­tion of 5 Oc­to­ber 1961 Abo­li­shing the Re­qui­re­ment of Le­ga­li­sa­tion for Fo­reign Pu­blic Do­cu­ments

  On 8 March 2023, the People's Republic of China (the "PRC") has (finally!) acceded to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the "Convention").The Convention between the PRC, as the acceding state, and other member states (which will not have raised an objection; see below) will enter into force as of 7 November 2023.This constitutes a long-awaited and very positive development.Please click here to read the full article.

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  01.03.2023

  United Kingdom

  Pro­cu­re­ment re­forms pu­shed back to Spring 2024

  The Cabinet Office has issued its latest update on the UK Government’s Transforming Public Procurement Programme, including helpful information on the timeline for the “go-live” of the new regime.  The new regime, which we know will be the most significant change to procurement law and practice for a generation, is now due to come into effect in spring 2024.While we are still expecting the Bill to receive Royal Assent later this spring, the Cabinet Office has clarified that the six month lead in period to the new regime taking effect should start after the final version...

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  21.02.2023

  Europe

  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, was postponed to 1 March 2023.Reasons for the postponement of the start of the Sunrise PeriodAccording to an "Implementation Roadmap" published on 6 October 2022, the Sunrise Period was originally to start on 1 January 2023 and the UPCA was to enter into force on 1 April 2023. However, this timeline was changed again by a communication of 5 December 2022. According to the new timeline, the Sunrise...

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  14.02.2023

  République Tchèque

  The Czech Com­pe­ti­tion Pro­tec­tion Of­fice has pu­bli­shed gui­de­lines on cla­ri­fying and sup­ple­men­ting bids in ten­der pro­ce­dures

  The Competition Protection Office (the Office) has published guidelines on the application of Section 46 of the Public Procurement Act (the PPA) regarding its current decision-making methods. This provision of the PPA contains rules for clarifying and supplementing information that participants provide to contracting authorities during tender procedures.Our experience shows that the correct application of Section 46 of the PPA is important not only for the contracting authorities but also for the suppliers. We often advise clients who are not sure when the contracting authority is obliged to give...

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