Crowell European Union and Belgium
Overview
As the EU, and the European member state governments, significantly increase their defense budgets and look to incorporate emerging technologies into their defense capabilities, Crowell & Moring is helping local and international suppliers alongside innovative emerging companies respond to the call to action.
Whether you need assistance with your commercial strategies (such as partnerships, setting up joint ventures, fund raising and investments, protecting intellectual property and applying for Government procurement), or you require regulatory help ensuring that your data flows are complaint with local regulation, obtaining security clearance, or navigating foreign investment controls, our team will help you navigate this dynamic market. Our multidisciplinary approach ensures that you benefit from seamless, practical advice on regulatory, commercial, and dispute-related issues that are unique to the EU government contracts market.
Moreover, we advise domestic and international clients through every stage of the procurement lifecycle, including structuring and negotiating bids, navigating compliance, and supporting complex mergers, acquisitions, and joint ventures involving government suppliers.
With offices in London, Brussels, Doha, and Singapore, and lawyers fluent in French, Dutch, German, Swedish, Spanish, Italian, Greek, Russian, Ukrainian, and Arabic, we can guide the international growth of your business through one integrated interface.
We don't write policy papers or detailed memoranda (unless you ask us to); we believe in actionable business advice. To that end, we understand the intricacies of governmental and legal issues, but we also understand your business. Context is everything, and our guidance is always tailored to meet your specific needs.
We regularly advise on:
Corporate Services
Due diligence and risk assessment for acquisitions, disposals, and investments involving government contracts. Structuring and negotiating M&A, joint ventures, and outsourcing transactions. Market entry in light of restrictions on Foreign Direct Investment (FDI). All aspects of EU procurement acts.
Procurement Services
Tendering strategy, bid preparation, and contract negotiation, including assistance with framework agreements, dynamic purchasing systems, and direct awards. Challenging and defending contract award decisions before EU courts, as well as investigation and regulatory support. Advising on standstill periods, remedies, urgent interim relief, and creative solutions to limitation issues.
Competition Services
Competition law issues such as bid rigging, market sharing, and competition law grounds for exclusion but also as related to state aid issues. Foreign companies (especially U.S.) on how to bid for, and receive, EU and BE contracts. Sensitive sector transactions and national security-based government approval processes.
Regulatory and Product Compliance Services
EU Regulatory and Product Compliance for advice on product design, launch, advertising, and aftermarket issues both at the EU and the member states level.
Audit trail review, compliance history, and regulatory risk assessment. Supply chain flow down, material subcontractor provisions data protection, and cyber risk diligence. Government contracts novation and compliance management. Change of control notifications, integration planning, and reporting obligations.
IP Services
Intellectual property issues to ensure that IP is protected and strategically commercialized, including dealing with patents, partnership agreements, trade secrets, and licenses.
International Trade Services
International Trade issues to mitigate supply chain risks, including assessments of dual use technologies and export controls, customs and sanctions related issues.
Privacy and Cybersecurity Services
Privacy and Cybersecurity, to ensure compliance including extensive experience with cybersecurity related regulatory matters, incidents, cybercrime and product cybersecurity related matters, also in relation to dual-use products, and insight into public sector cyber control expectations. Multiple compliance projects, transactions and commercial contract negotiation work for large government contractors.
International Dispute Resolution Services
International Dispute Resolution for end-to-end advice on the full range of business and governmental disputes, including but not limited to space arbitration.
The sale of defense, security and aerospace goods and services to government and quasi-government bodies presents tremendous opportunities, but also significant challenges and risks, both to bidders and contracting authorities. We are well-known for effective legal guidance in this highly complex arena. Our lawyers combine extensive technical and legal experience in the application of the European and Belgian legislation with innovative thinking and commercial focus to craft effective solutions in the challenging fields of public procurement law and Public-Private Partnerships.
Crowell & Moring has a deep understanding of the workings of governments, legislative bodies, and regulatory agencies at both Belgian and EU level. Our regulatory team handles complex disputes under national and EU regulations, advises public and private entities and is often called upon to draft legislation.
We offer a full range of services to contracting authorities and bidders, covering national as well as EU and NATO procurement rules. We assist our clients at every stage of the tendering process, including the drafting of the documentation, the evaluation of bids, the award and contracting stage, and final execution.
We are able to combine our expertise in general administrative law with in-depth knowledge of sector-specific regulations in a multi-disciplinary approach, drawing on members of our competition, commercial, intellectual property, and international trade practices.
With one of the largest and most reputable government contracts practices in the United States, we can rely on our international colleagues and often collaborate with experienced friendly law firms.
A unique feature of our Public Law practice is our focus on contentious matters, often in cases involving both regulatory and competition issues. We represent public authorities and claimants in proceedings before courts at all levels, including the Council of State (Conseil d’Etat/Raad van State – the highest administrative court in Belgium), the Constitutional Court and the Court of Justice of the EU.
We handle strategic state aid and FSR compliance cases and assist clients from a wide variety of sectors on these issues, including in notifications and investigations.
Underpinning our work is a deep knowledge of the law, the legislative process and legislative drafting. Our Public Law practice not only advises on the application of the law but also helps to shape it.
Crowell's EU Privacy and Cybersecurity practice, anchored in its Brussels office and reinforced by Lauren Cuyvers, an expert serving on the European Data Protection Board's Support Pool of Experts, offers defense, security, and aerospace clients a fully integrated capability across the EU's evolving regulatory landscape.
The team provides comprehensive GDPR counsel, including breach notification, data protection impact assessments, compliance policies, and governance controls. It is a recognized authority on the NIS2 Directive, guiding essential and important entities through risk management, supply chain security obligations, and cross-Member State transposition differences — including advising on personal management liability and significant financial penalties.
We also advise on the EU Cyber Resilience Act, AI Act, and Data Act, each of which carries material implications for defense manufacturers and technology providers. Day-to-day services include data flow mapping, tailored privacy program development, on-site training, and tabletop exercises to prepare organizations for cyber incidents.
In the event of a breach, the team provides full-cycle crisis response — from internal investigation through regulatory enforcement and litigation — and has established strong working relationships with the Belgian Data Protection Authority and supervisory authorities across Europe.
A defining differentiator is Crowell's transatlantic capability: its Brussels team works seamlessly with U.S. colleagues to serve both EU-headquartered contractors with U.S. supply chains and U.S. defense companies with EU operations under a single coordinated team.
This is further complemented by an international trade practice covering EU export controls, dual-use technology compliance, and foreign investment national security reviews. Together, these capabilities make Crowell a uniquely comprehensive legal partner for the full spectrum of privacy and cybersecurity challenges facing the European defense industrial base.
Primary Contacts
Representative Matters
- Advised a defense contractor on offset requirements and Directive 2009/81/EC on defense and sensitive security procurement.
- Advised international defense companies and industrial clients on compliance with sanctions arising from their sales of military equipment worldwide.
- Provided advice and training to the customs and compliance teams of a U.S. multinational aerospace and defense conglomerate on a multitude of U.S. and EU customs matters.
- Advised a multinational aerospace and defense company on the scope of the EU Foreign Subsidies Regulation (FSR) regarding public tenders in the EU and how to prepare for notifications.
- Assisted a US defense company with a submission in a Private Public Partnership project for Pilotage Vessels ordered by the Flemish government.
- Advised a leading global manufacturer of engineered bearings and power transmission products on a criminal investigation into alleged violations of export control legislation and regulations governing strategic goods (including urgent export control advice following a Belgian court order blocking a shipment destined for Israel), oversight of an internal compliance audit, and development of a criminal defense strategy.
- Advised a top 10 international shipping company in connection with regulatory and criminal investigations for alleged violations of export legislation and regulations on strategic goods, including managing interactions with law enforcement authorities and developing a comprehensive defense strategy across multiple jurisdictions.
- Advised the owner of a luxury expedition yacht on challenging a port access ban imposed under the EU's sanctions program against Russia, addressing complex questions at the intersection of EU sanctions law, general principles of EU public law, and international maritime law, across multiple jurisdictions including Iceland, Greenland, Norway, Cyprus, and Malta.
- Represented a national Space Research Organization's commercial entity as lead counsel in a decade-long international space law dispute, successfully arguing before the U.S. Court of Appeals for the Ninth Circuit and winning a complete reversal of a $1.3 billion judgment on personal jurisdiction grounds.
