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Dentons lawyers named in Who’s Who Legal Thought Leaders: Global Elite 2019 guide
Dentons is proud to congratulate six of our lawyers who have been recognised by Who’s Who Legal in its Thought Leaders: Global Elite 2019 guide.
With all the changes and announcements in 2018, our Eurozone Hub has collated the following supervisory outlook for 2019 as a non-exhaustive “Playbook” for Banking Union Supervised Institutions and other regulated market participants already based in or otherwise relocating to the EU and/or the Eurozone.
Canada Federal Budget 2019
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Global tax guide to doing business in... 2019
Our Global tax guide to doing business in… highlights the complexities of corporate tax systems in 28 countries across Africa, the Americas, Asia Pacific, Australia and Europe.
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In Policy Scan 2019, Dentons' US Public Policy team's annual analysis of the legislative and political landscape, we take a close look at the issues, questions and conflicts that will dominate the dialogue on Capitol Hill and in the White House over the coming year.
Starting your career as a student at Dentons exposes you to a world of experience and opportunities
With 175 locations in 78 countries, Dentons is home to top-tier talent that is found at the intersection of geography, industry knowledge and substantive legal experience. Working with Dentons, you will have the opportunity to learn from the best lawyers in the industry at the largest law firm in the world.
The Legal 500 EMEA 2019 recognizes over 130 Dentons lawyers
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Dentons launches Market Insights publication: “Digital Transformation and the Digital Consumer”
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Dentons ranks across 68 tables securing 109 individual and 43 practice rankings in Chambers USA
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Contracting authorities cannot stipulate that the main contractor must deliver a certain percentage of the contract itself rather than through subcontractors.
In May 2007, the City of Wroclaw issued a tender for the construction of a bypass. The contract was worth circa €65m so was considerably above the EU procurement threshold. The tender specification stipulated that the successful tenderer would be required to carry out at least 25% of the work using its own resources i.e. a maximum of 75% could be subcontracted. The project was partly supported by the EU’s Cohesion Fund and Regional Development Fund. An ex-post audit on the use of the EU funding imposed a 5% funding clawback on the basis that the subcontracting requirement breached the EU procurement Directive. The European Court considered whether the clawback decision was correct.
The Court noted that that the Directive allowed contracting authorities to ask about the share of the contract the tenderer intended to subcontract and also for the identity of the proposed subcontractor. The Court recalled an earlier judgment which found that contracting authorities were allowed to prevent the use of subcontractors where they have been unable to verify the subcontractor’s technical ability or financial standing. However, the Directive did not permit the limitation of the use of subcontractors by tenderers through the stipulation of a minimum percentage of works to be carried out directly by the main contractor.
Tenderers often need to rely on other entities (such as subcontractors, consortium members or other companies in the same group) to demonstrate that they have the capacity to deliver public contracts. Allowing subcontracting arrangements is also seen as an important part of facilitating the participation of SME’s in public tender processes. However, contracting authorities also often have a preference to keep their supply chain as simple as possible, perhaps leading them towards providers who are able to deliver the contract using "in-house" resource.
Although contractual requirements that a specific percentage of the contract be carried out by a particular economic operator are rare in UK public and utilities procurement, it is not unusual to see ITT questions focused on the supply chain. Often these questions will favour economic operators who are able to deliver the contract using their own resources - either directly, or in the manner they are assessed. This is an area where contracting authorities and utilities should take care to ensure that their tender questions are on the right side of the line. Taking into account demonstrable weaknesses or lack of explanation regarding the robustness of the supply chain will usually be acceptable. However, assumptions that one permissible method of delivery is preferable to another will be more likely to fall foul of the rules.
Although this case concerned a procurement process carried out under the 2004 Directive, the core point remains relevant to new public procurement procedures in the UK.
Case C-406/14 Wroclaw – Miasto na prawach powiatu v Minister Infastruktury i Rozwoju