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Favouring Small and Medium Sized Enterprises with Directive 2014/24/EU?


Martin Trybus, Marta Andrecka


This work is distributed under the Creative Commons Licence Attribution 4.0 International (CC BY 4.0).

Keywords: division into lots, ESPD, minimum turnover requirements, direct payments to subcontractors

This article argues that the four main measures introduced in the 2014 reform of the Procurement Directives to promote Small and Medium Sized Enterprises (SMEs) cannot be classified as measures favouring SMEs. A measure favours SMEs when it compromises the main objectives of competition, non-discrimination and value for money. The discussion covers the regimes on the division of larger contracts into lots, the European Single Procurement Document (ESPD), minimum turnover requirements, and direct payments to subcontractors.

Martin Trybus, Professor of European Law and Policy and Director, Institute of European Law at the Birmingham Law School, University of Birmingham, United Kingdom, E-Mail: <>. Thanks to L Butler, R Dragneva, and MA Corvaglia (Birmingham), F Lichère (Aix-en-Provence), and M Stachowiak (Warsaw) and the participants of the CEVIA conference Procurement beyond price: Sustainability and CSR in public purchasing, 4-5 May 2017 in Copenhagen for comments. All remaining errors are the sole responsibility of the authors. Martin Trybus covered sections I-III and VI; Marta Andrecka, Assistant Professor at the Centre for Enterprise Liability (CEVIA), Faculty of Law, University of Copenhagen, Denmark, E-Mail: <>. The article is a contribution to the author’s research project funded by the Carlsberg Foundation and a contribution to CEVIA’s project on Public-Private Enterprise Liability funded by the Danish Research Council for Independent Research. Marta Andrecka covered sections IV and V.


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