Legal advice, pre-litigation and litigation services in relation to EU staff matters

prior information notice

Prospective

The European Medicines Agency (hereinafter referred to as “the Agency” or “EMA”) is planning to launch a tender procedure for the procurement of: a) legal advice in relation to the interpretation and implementation of the provisions of the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Union; the Protocol (No.7) on the Privileges and Immunities of the European Union; and other matters which may arise in relation to employment conditions of staff (“collectively referred to a, “EU staff matters”); and b) pre-litigation and litigation services in relation to the interpretation and implementation of the provisions of the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Union; the Protocol (No. 7) on the Privileges and Immunities of the European Union; and other matters which may arise in relation to EU staff matters. The scope of this procedure shall be to establish two framework contracts with two suitably qualified and experienced law firms, predominantly covering the provision of legal advice but also pre-litigation and litigation services in relation to EU staff matters. “Law firm” shall be understood as comprising practising lawyers as individuals, and “pre-litigation cases/matters” shall be understood as cases where legal advice is given in the preparation of arbitration or conciliation or judicial proceedings, or where there is tangible indication and high probability that the matter to which the legal services relate will become the subject of arbitration or conciliation or judicial proceedings. Regarding pre-litigation and litigation services in relation to EU staff matters, the Agency may require legal services in relation to appeals, complaints or disputes. The services envisaged by the EMA shall include, but are not limited to: • Advise the Agency on the elements and legal implications of the situation; • Draft and review documents and all cases related documents and assist in the preparation of the Agency’s defence ; • Draft replies to complaints and other correspondence as required ; • Participation in related meetings, usually by teleconference, and discussions as deemed necessary by the Agency ; • assist with the preparation of documents for written procedures and oral hearings, and ensure submission by e-curia or other appropriate means; and • legal representation of the Agency before the EU jurisdiction. The legal services which may be required will normally be provided at the premises of the law firms. However, some attendance outside the premises of the law firm may also be required (i.e. at the Agency’s premises in Amsterdam or at the Court of Justice of the European Union). An open procedure tender with a maximum indicative budget of €170,000 is planned to be launched in January 2026 and the contract awarded will be for an initial duration of one year, renewable three times each time for a period of one year. Hence the contract has a maximum duration of four years in total (1+1+1+1). The tenderer and their lawyers (as well as their alternates) proposed to be assigned to EMA must not be subject to conflicting interests, which may negatively affect the performance of the services of the contract. It follows that the tenderer and the tenderer’s staff shall not be in any situation that could compromise the impartial and objective performance of the contract with regard to the rendition of the said services.

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