IRELAND
Francovich Damages
The High Court in Ireland addressed the complex issue of assessing the adequacy of damages in an application to lift an automatic suspension, in Atlantic Endeavour Ltd and SMBR Ltd v Office of Public Works [2025] IEHC 324. Further detail is in our insights post: Public Procurement Law Update: High Court considers approach to assessing Adequacy of Damages - Arthur Cox LLP.
Consultation on Accelerating Infrastructure
The Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation is consulting until 4 July 2025 on infrastructure delivery with the aim of identifying key barriers to delivery.
Capital Works Management Framework
Guidance Note 1.6 on procurement of Consultants and Guidance Note 1.7 on Standard Conditions of Engagement and Sample Schedules have been reviewed and consolidated into a single guidance note and associated appendices. The OGP indicates there is further comment on use of lump sum versus percentage fees, the new inflation adjustment mechanism, and a road map relating to procurement of consultancy services through the lifecycle of a project.
Green Procurement
The EPA provided data on green public procurement. 82% of Government spend in 2023 included green criteria, up from 34%. There were, however, inconsistencies across sectors.
EU
Attempt to impose a certain interpretation of domestic law on a Works Contract infringed principles of equal treatment and transparency
Case C-82/24 concerned a contract for the modernisation of a sewage treatment plant in Poland. Under the contract, the warranty period ran from the date of the certificate of satisfactory performance of the works for 36 months, expiring no later than 30 April 2015. The warranty provided that 'where this warranty card is silent, the relevant provisions of Polish law, including in particular the Civil Code, shall apply mutatis mutandis'.
On 21 March 2013, the certificate of satisfactory performance was issued. On 26 September 2014, the contracting entity notified the consortium of a breakdown of one of two recuperators. It was replaced under the warranty card and the new equipment put into service on 22 February 2016. On 3 March 2015, the contracting entity notified the consortium of breakdown of the other recuperator. This too was replaced under the warranty card and the new equipment put into service on 28 April 2016.
On 27 November 2018, the contracting entity notified the consortium of breakdown of both recuperators. The consortium refused to repair or replace the equipment on the ground that the warranty period had expired.
According to the referring court, the relationship between the parties is governed, by analogy, by Article 581(1) of the Civil Code on guarantees in respect of contracts for sale, which provides that the warranty period starts again from the moment of delivery of the item free from defects or from the return of the repaired item.
This would mean that, on 27 November 2018, the recuperators were still covered by the warranty, the period of which began to run again on 22 February and 28 April 2016.
The consortium challenged the application of the Civil Code on the ground that the provision concerns contracts of sale and it was not agreed that it would govern, by analogy, the warranty in the works contract. The consortium argued that application of the provision would be contrary to the principles of transparency, equal treatment and competition in EU procurement law: it would impose requirements that are not evident from the tender documents or from Polish legislation in force, but only from a controversial interpretation of the Civil Code.
The CJEU considered that the Utilities Directive was more appropriate than the Public Contracts Directive. Article 10 of the previous iteration of the Utilities Directive required contracting entities to treat economic operators equally and non-discriminatorily and to act in a transparent way.
The CJEU found that the principle of equal treatment and the obligation of transparency as referred to in Article 10 prevents the application by analogy to a works contract, pursuant to a judicial interpretation, of provisions of national law governing guarantees in respect of contracts for sale, the content of which was not expressly stated either in the tender documents or in the works contract, where the applicability of such provisions is not sufficiently clear and foreseeable to a reasonably informed tenderer exercising ordinary care.
Public Procurement as a Strategic Instrument
Ministers in the European Council debated the role of public procurement as a strategic instrument. As regards expected revision of the EU public procurement legislation, Ministers and the Commission emphasised the need to simplify the framework by reducing the number of legal acts, introducing digital tools, and establishing clearer rules. Ministers discussed which strategic objectives of the EU (such as environmental goals, social policies, economic sovereignty, and national security) public procurement could help to achieve, and debated whether an EU preference clause should be introduced (a clause to give an advantage to companies within the EU). Many advocated for allowing contracting authorities flexibility to tailor application of new sectoral criteria to their specific needs.
Scale-up Strategy
The EU launched a strategy proposing actions to address the main challenges for startups and scaleups. It proposes measures for pro-innovation procurement to improve and simplify access for innovative companies, to accelerate procedures, and, in defence and security, take into account a possible European preference in public procurement strategies and practices.
Defence
A Regulation sets up the Security Action for Europe (SAFE) instrument, a financial instrument intended to support Member States that wish to invest in defence industrial production through common procurement. Member States have six months to submit initial national plans, which the Commission will assess.
Energy
The network of EU electricity transmission system operators, ENTSO-E, with others, has developed a roadmap towards future-proof grids. They have identified as an action of Q4 of 2025 development of a joint assessment outlining priority areas to reform EU's public procurement directives. ENTSO-E and DSO Entity, with support of manufacturer associations, will compile and disseminate best practices from across Member States that showcase how flexible and innovation-friendly procurement approaches can accelerate the energy transition. They note that, as electricity demand grows and renewable energy integration accelerates, system operators require substantial upgrades to grid infrastructure. However, operators and manufacturers face mounting challenges in securing key components, navigating long lead times, and managing fragmented rules.
UK
Procurement Act 2023
The Welsh Government published guidance on supplier exclusions and debarment under the Procurement Act 2023.
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.
