Changes During Performance - A Case for Revising the Extension of Competition
Published in K. Wauters and Y. Marique (eds), EU Directive 2014/24 on public procurement – A new turn for competition in public markets?, Brussels, Larcier 2016, pp. 197-224
23 Pages Posted: 26 Jul 2016
Date Written: March 20, 2016
The 2014 EU procurement directives sought to regulate how changes in the contracts during performance should give raise to a new competition. This paper argues that this regulation is not satisfactory - especially it does not take into account how the 2014 EU procurement directives have moved away from pure competition. It is thus not possible to codify the case law solutions developed by the CJUE in its Pressetext ruling. A more cautious approach is suggested.
Keywords: procurement, changes, competition, innovation, assessment
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