EU
Defence Industry
The European Council calls on the Commission to swiftly progress work on simplifying the legal and administrative framework - including in public procurement - to address obstacles hindering a rapid ramping up of the defence industry. The Commission is to present a defence-specific simplification omnibus by June 2025. The Commission is inviting views until 22 April 2025 from stakeholders on development of the new package.
Application of Utilities Regulation to Renewable Energy in Belgium
The Commission decided in this Implementing Decision that, since the conditions set out for an exemption in Article 34 of the Utilities Directive are not met, the Utilities Directive should continue to apply to contracts intended to enable the pursuit of renewable electricity generation receiving fixed and legally defined premiums in Belgium.
Access of Non-EU Countries to EU Procurement Markets
Article 3(1)(e) of the TFEU gives the EU exclusive competence in common commercial policy, and Article 2(1) provides that when the EU has exclusive competence, only the EU may legislate, with Member States able to do so themselves only if empowered by the EU or for the implementation of EU acts. In response to a request from a Romanian Court in C-266/22, the CJEU stated that (in the absence of an EU act requiring or prohibiting access to public procurement procedures of economic operators of a third country which has not concluded an international agreement referred to in Article 25 of the Public Contracts Directive), the TFEU prevents a contracting authority from excluding an economic operator of such a third country on the basis of legislation a Member State has adopted without having been empowered by the EU. It was irrelevant that the legislation had entered into force after the publication of the contract notice.
Light Touch Regime under Concessions Directive
Article 4(2) of the Concessions Directive provides that non-economic services of general interest fall outside its scope. Article 19 provides that concessions for social and other specific services listed in Annex IV falling within the scope of the Directive are subject to a lighter touch regime. In answer to a preliminary question from a Slovenian Court, the CJEU stated that Article 4 means that pharmaceutical services the main purpose of which is to supply users with prescription and non-prescription medicines for human use, along with advice on the correct and safe use of those medicines, cannot be classified as 'non-economic services of general interest'. Further, Article 19 covers pharmaceutical services the main purpose of which is to supply users with prescription and non-prescription medicines for human use, along with advice to users on the correct and safe use of those medicines.
IRELAND
National Public Procurement Strategy
The Government is consulting until 20 May 2025 on the development of a first National Public Procurement Strategy. This is separate to the consultation being undertaken as part of the European Commission's evaluation of the three Public Procurement Directives.
UK
Automatic Suspension
Devon County Council's application to lift an automatic suspension of award of a contract was granted in Millbrook Healthcare Limited v Devon County Council and Nottingham Rehab Limited [2025] EWHC 744 (TCC). Applying the usual test, the Court found that:
- there was a serious issue to be tried,
- damages would be an adequate remedy for the claimant in the event it succeeded in the substantive hearing. The claimant argued that it could be prevented from being awarded Francovich damages if it failed to establish in the substantive hearing that the defendant's breach was sufficiently serious. The Court considered that this did not prevent it from finding in this interim application that damages would be an adequate remedy for the claimant,
- damages would not be an adequate remedy for the defendant if the suspension remained in place and the defendant succeeded in the substantive hearing, and
- the balance of convenience lay in favour of lifting the automatic suspension.
National Security
The UK Cabinet Office published guidance on the National Security Unit for Procurement. The Unit is responsible for assisting in the assessment of suppliers on national security grounds under the new procurement regime under the Procurement Act 2023.
Social Partnership
In Wales, the Social Partnership and Public Procurement (Wales) Act 2023 is intended to enhance sustainable development (including by improving public services) through social partnership working, promoting fair work and socially responsible procurement. An Order commences several of the provisions concerned with procurement on 21 March 2025 and 30 June 2025.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.