The following Competition practice note Produced in partnership with CMS provides comprehensive and up to date legal information covering:
State aid and public procurement are areas of law that both have their own rules. Despite considerable autonomy and distinction, however, both areas significantly overlap.
Such overlaps must be taken into account especially by contracting authorities in connection with the award of public contracts. This Practice Note focuses on circumstances and conditions which the contracting authority should consider to limit the risks of masked granting of State aid in the process of awarding public contracts.
The EU legal framework for public procurement is outlined in two public procurement and one concession directives.
These EU Directives cover tenders that are expected to be worth more than a given threshold. The core principles of these directives are transparency, equal treatment, non-discrimination, open competition, and sound procedural management. They are designed to achieve a procurement market that is competitive, open, and well-regulated.
Opposite the public procurement directives, which EU Member States had to transpose into national laws, State aid law falls exclusively within the competence of the relevant EU authorities, without the EU member states having to, or more precisely being at all able to, transpose such legislation in any manner whatsoever. In practice, this means that answers to questions about State aid and how to prevent unlawful provision of such aid should be sought in EU legislation and the respective case law.
The legal basis on which all interpretations of
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.