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Procurement law and state aid law

Procurement law

Procurement means that a contracting authority (e.g. a municipality) must allow several businesses to submit tenders in competition with each other for the award of a contract for work, the supply of goods, or the provision of services. Examples include the construction of a public swimming pool, the maintenance of the town hall, the supply of office materials, the replacement of ICT systems, or the provision of school transport.

If your business has ever taken part in a tendering procedure, you will be aware that procurement law is a highly specialized field of law, where short strict deadlines apply to tenderers, for example in the case of an intention to award with which they disagree. It is therefore often necessary to act quickly.

Jan van den Heuvel and Margo van Nisselroij specialize in this area of law. They have extensive experience, both in the field of advising and litigating and are both members of the Dutch Association for Procurement Law (NVvA). Both have completed the specialist postgraduate course in European and Dutch procurement law at Grotius Academy, which provides specialized postgraduate courses for experienced lawyers. They can assist you quickly and effectively.

State aid law

They also have extensive experience in advising in the field of state aid law. European state aid law prohibits governments from giving businesses an unjustified advantage that is not in line with market conditions.

State aid can take many forms such as grants, guarantees, suretyships, and land transactions which can give companies an advantage that is not in line with the market conditions. For you as a business owner it is important to know that state aid awarded without just cause must be repaid by a business with interest. Furthermore, the unjustified provision of state aid can have consequences for a contract. The consequences of awarding unjustified state aid can therefore be far-reaching for you as a business owner.

For questions, please contact Jan van den Heuvel or Margo van Nisselroij.


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