Overview

Most procurement contracts passed in the EU escape the full rigour of the application of the 2004 directives since they are either below the threshold or concern non-priority services. The Court of justice has however held that the general principles of the non-discrimination and transparency apply to contracts which, because of their subject matter, value or other characteristics, present a cross-border interest. Member States and procuring entities have been given some guidance by the case law and the Commission on what is needed to comply with the said principles, but for the most part they themselves have to fill the blank spaces in the regulatory framework. This book provides the reader with information on how a number of relevant jurisdictions in the EU have responded to the call by the Court of justice, highlighting both best practices and areas of uncertainties. A chapter on the EU legal framework and a number of comparative chapters help in understanding both the requirements imposed by the EU case law and the developing trends at national level which are to influence the next generation of procurement directives.

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