The International Procurement Post: Winter 2025

Brought to you by the International Public Projects and Procurement Group at Bird & Bird.

In Focus

Key Milestones & Best Practices in the EU’s Public Digitalisation Journey: Building Blocks to Bridge the Gap – Here’s How You Do It!

Over the past decades, the European Union (EU) has undergone a comprehensive digital transformation, reshaping the public sector and improving citizens' access to services. Digitalisation has become a key driver of economic growth, innovation, and efficiency in public administration. This article explores the key milestones in the EU's public digitalisation journey, highlights best practices among member states, and presents the building blocks that can help bridge existing digital gaps. In addition to our Danish office, our colleagues in the Netherlands, Germany, Poland, Italy, and Belgium have contributed valuable knowledge and insights on practical national matters for this article.

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For more information contact  Tina Johansen or Peter Dann Jørgensen.

Updates from our jurisdictions

Belgium

Belgium to Centralise Public Procurement: A Boon or Bane for Businesses?

As part of the recent global government agreement sealed between several political parties, the Belgian government has announced plans to centralise public procurement at the national level. This move, aimed at maximising economies of scale and promoting sustainable purchasing, has sparked both excitement and concern among businesses.

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For more information contact Kevin Munungu. 

United Kingdom

Back to the blocks: UK Government’s second attempt to launch public procurement reforms

After a delay in its original October 2024 go-live date, the UK’s new legal framework for public procurement – the Procurement Act 2023 (the "Act") – is now set to come into force on 24 February 2025. The Act promises to usher in “major reform” of the UK's current EU law-based public procurement regime and “speed up and simplify” UK procurement processes. But what will these reforms mean for businesses, and will the Act deliver on its promises?

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For more information contact Andrew Dean.

Germany

Grants do not fall within the meaning of "active-related value" with regard to Inhouse procurement

Exciting decision on in-house procurement: Institutional and project-related funds are not to be taken into account when determining the proportion of delegated activities pursuant to Section 108 (7) of the German Act against Restraints of Competition (ARC).

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For more information contact Lisa-Marie Friebel, Karoline Kniha, Ferdinand Sieber, or Clara Schmitz.

Italy

Significant Changes to the Italian 2023 Public Procurement Code Introduced by the Corrective Decree: A Focus on Digitalisation

Legislative Decree No. 209 of December 31, 2024, titled “Supplementary and Corrective Provisions to the Public Procurement Code” (the Corrective Decree), has introduced substantial changes to the 2023 Public Procurement Code (the Code). The Corrective Decree addresses ten priority issues, amending or replacing over 80 provisions and adding three new articles and annexes.

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For more information contact Camilla Triboldi or Ariana Moreschini.

Poland

Effective Trade Secret Protection in Public Procurement: A Challenge for Contractors in Poland

The protection of trade secrets in public procurement has been a controversial issue for contractors in Poland for years. The direction of the rulings by the National Appeals Chamber (NAC) remains unchanged and contractors often face the risk of their trade secrets being disclosed if they fail to effectively protect confidential information during public procurement proceedings. Appeals concerning trade secret protection are among the most common types of cases before the NAC. Why is this the case?

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For more information contact Tomasz Zalewski, Julita Hoffmann, or Karolina Kacprzak.

Netherlands

Local policy choices and substantive motivation, applying the judgment Didam II in practice

In the Netherlands, private transactions of so-called ‘scarce rights’ (i.e., acquiring or renting out property, land, or limited rights under property law) by public authorities, which are normally excluded from the Public Procurement Directives, are also subject to the principles of transparency and equality. Following the judgments Didam I dated 26 November 2021 and Didam II dated 15 November 2024, public authorities are required to announce intended private transactions and provide for a transparent and non-discriminatory selection process to enable equal treatment of serious interested parties. However, the requirement to set up a transparent non-discriminatory selection procedure does not apply in case the relevant transaction will only attract one actual serious interested party, provided that this transaction is nevertheless announced publicly and is accompanied by a motivation by the public authorities. This motivation must be based on objective criteria from which it follows that the intended contractual party also qualifies as the only actual serious interested party. 

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For more information contact Janneke Kohlen, Tialda Beetstra, Sander Wagemakers, or Mariam Ali.