Skip to content

Cross-border Interest and Concession Contracts: a Critical Approach

Piotr Bogdanowicz

This article presents some remarks on the relevance of a cross-border interest following the entry into force of the new Directive on the award of concession contracts (Concessions Directive). The Concessions Directive will apply to concession contracts the value of which is equal to or greater than EUR 5 186 000. As stated in the recitals thereto, this threshold reflects a clear cross-border interest. In certain cases, however, other factors, such as the place of the performance of a concession or the specifics of the market, could trigger cross-border interest, even for below-threshold concession contracts. The Concessions Directive will not apply to these contracts but they may still be the subject to the general principles of EU law, including the principle of transparency. This means that the Concessions Directive does not bring a bright-line rule and the contours of EU public procurement law in the field of concession contracts will remain unclear.


Lx-Number Search

(e.g. A | 000123 | 01)

Export Citation