Public Procurement in the European Union

Public procurement refers to the process by which public bodies purchase works, goods and services from suppliers through an open and competitive procedure in order to achieve quality and value for money. Some €2 trillion is spent on such procurement every year by over 250 000 public authorities. This corresponds to approximately 14 % of the gross domestic product (GDP) of the EU’s 27 member states. This expenditure covers a broad spectrum of sectors, including energy, transport, waste management, social protection and the provision of health or education services, among others, where public authorities are often the major consumers.

EU Legislation on Public Procurement

To ensure fairness and transparency in procurement processes, the EU has established a comprehensive legal framework. This includes:

• Directive 2014/24/EU on public procurement
• Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors
• Directive 2014/23/EU on the award of concession contracts.

These directives aim to harmonize public procurement rules across the EU, promoting equal access to procurement opportunities for all businesses and fostering a competitive and integrated market environment.

The European Commission plays a crucial role in this context. It is responsible for overseeing the implementation and enforcement of these directives across the member states to ensure a level playing field for all businesses within the EU. The Commission also monitors compliance with the rules, intervening when necessary to address any infringements, thereby promoting fair competition and efficient market functioning across the Union.

Legal Advisory in Public Procurement

S-TEAM advises clients on all aspects of EU law relevant to public procurement. This includes guiding clients through national public procurement procedures to ensure they are well-prepared and compliant. We also represent clients in litigation against European institutions, drawing on our experience to advocate effectively on their behalf. Our team has an extensive experience in handling public procurement litigation before the Court of Justice of the European Union, delivering precise and well-informed legal support in this specialised area.

Our Approach

Expertise: Leveraging our deep understanding of EU public procurement laws, we aim to provide our clients with knowledgeable advice and effective legal solutions.

Support: We offer comprehensive legal services, from consultation on procurement procedures to representation in disputes and litigation, ensuring our clients are well-prepared to navigate the procurement landscape.

Insight: Our focus is on delivering strategic insights that help clients understand and effectively engage with the public procurement sector within the EU.