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CJEU Holds Against the Direct Awarding of Concession Contracts That Have a Potential Cross-Border Interest

Charles Clarke

Annotation on the Judgment of the Court of Justice (4th Chamber) of 14 November 2013 in Case C-388/12 Comune di Ancona.

In Comune di Ancona,1 the CJEU upheld that contracting authorities cannot directly award concession contracts that have a potential cross-border interest. Such contracts must be awarded in accordance with the general principles of the Treaty ie awarded under a fair, non-discriminatory and transparent manner. The Court has also expresse


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