The International Procurement Post: Spring 2025

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

In Focus

Contractual Sanctions in Public Procurement: A European and UK Outlook

Public procurement across Europe is characterised by highly harmonised rules governing contract award procedures. However, once contracts are signed, national countries retain substantial autonomy in regulating performance obligations and contractual sanctions. This asymmetry – between uniform pre-award processes and diverse post-award frameworks – creates significant variations in how contractual breaches are addressed across jurisdictions, particularly regarding available sanctions, liability limitations, and remedial mechanisms.

Read the comparative analysis here

Access the national detailed reports here

For more information contact Kevin Munungu.

Updates from our jurisdictions

Netherlands

Early Contractor Involvement (ECI): updated Dutch ECI model contract launched by B&B, PRO6 Managers, Witteveen + Bos and Tauw

On 15 May 2025 we launch the updated Dutch ECI model contract DG2025 at the premises of the Dutch Ministry of Real Estate. Together with PRO6 Managers, Witteveen + Bos and Tauw, Bird & Bird worked to prepare this model on a pro bono basis to further advance the construction market.

In this article we briefly repeat some of the advantages of using ECI for complex projects, followed by an overview of the most important changes between the 2020 and 2025 models.

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For more information contact Andrea Chao. 

United Kingdom

Latest developments in UK and NATO DIANA defence procurement: Defence procurement panel overview and key takeaways

On 21 May 2025, Bird & Bird hosted its 2025 Annual Aviation & Defence Conference. This year the conference’s main theme was how the aviation and defence sectors continue to be revolutionised by geopolitical tensions, the transformative potential of AI and the ongoing transition to net zero.

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For more information contact Tom Ward, Andrew Dean, Kevin Munungu, and Martin Conrads.

Latest developments in EU and German defence procurement: Defence procurement panel overview and key takeaways

On 21 May 2025, Bird & Bird hosted it’s 2025 Annual Aviation & Defence Conference. This year the conference’s main theme was how the aviation and defence sectors continue to be revolutionised by geopolitical tensions, the transformative potential of AI and the ongoing transition to net zero.

Read the full story

For more information contact Tom Ward, Andrew Dean, Kevin Munungu, and Martin Conrads.

UK-EU Security Partnership: Bold Step Forward or Missed Opportunity?

On 19 May 2025, the UK and EU agreed a new Security and Defence Partnership, with the aims of creating a strong foundation for dialogue and paving the way for a new era of security cooperation. However, while being a first step towards the UK’s accession to the EU’s €150bn Security Action for Europe (SAFE) project (and the access to investment that may entail for industry), actually participating in SAFE is not provided by the Partnership.

But with escalating geopolitical tensions and ongoing conflict in Ukraine, is the Partnership the decisive centrepiece in aligning the relations between the UK and EU? This article will consider the key themes coming out of the deal and assess how influential the deal will be in providing UK businesses with sought after access to the EU defence market.

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For more information contact Will Bryson.

UK-India Trade: Opportunities for UK business under the new Free Trade Agreement

On 6 May 2025, the UK and India announced a Free Trade Agreement (FTA) that seeks to reshape economic ties between the two nations by: (i) introducing tariff reductions on both sides; (ii) expanding market access; and (iii) potentially boosting bilateral trade by up to £25.5 billion annually by 2040.

While the agreed FTA undergoes final legal review pre-ratification, UK businesses are already anticipating new opportunities in India, particularly in public procurement and the tech, telecoms, healthcare, and energy sectors.

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For more information contact Andrew Dean.

Germany

ECJ Judgment of January 16, 2025 - C-424/23

The Belgian contracting authority required the use of sewer pipes made of stoneware and concrete. A manufacturer of plastic pipes challenged this material requirement.

ECJ: Rightly so!

Principle: A contracting authority generally may not specify a particular material. This violates the principle of equal treatment in procurement law, similar to product specifications.

Exception: A material requirement is only permissible in exceptional cases if the material necessarily arises from the subject matter of the contract, e.g., due to the desired aesthetics. The same applies if the contracting authority cannot otherwise describe the subject matter of the contract sufficiently precisely and comprehensibly. In this case, the material must be specified with the addition "or equivalent.

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For more information contact Karoline Kniha, Melanie Schmidt, and Dr. Alexander Csaki.

Italy

Minimum Environmental Criteria and the Decree for the Award of Urban Waste Collection and Transport Services

On 7 April 2025, the Italian Ministry of the Environment and Energy Security (the “Ministry”) issued the decree outlining the new Minimum Environmental Criteria (the “CAMs”) for the award of urban waste collection and transportation services, street cleaning and sweeping service, and the supply of related vehicles, containers and bags for urban waste collection (the “Decree”). The Decree - published on the Italian Official Gazette No. 92/2025 - marks a significant advancement in the public procurement system for environmental services by implementing the Action Plan for the Environmental Sustainability of Consumption in the Public Administration Sector, which was adopted by ministerial decree of 3 August 2023.

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For more information contact Ariana Moreschini.

Denmark

Foreign Bidders Face Resistance in EU Public Procurement

In the EU Court of Justice judgement of March 13, 2025, case C-226/22, CRRC Qingdao Sifang, the EU Court of Justice has now established that National law cannot regulate access to tenders for economic operators in third countries that are not parties to the GPA agreement or a similar agreement with the Union on its own, as it falls within the exclusive competence of the Union to regulate this access.

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For more information contact Tina Johansen, Thomas Thorup Larsen, and Charlotte Alexa.