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The Principle of Competition in the Context of Green Public Procurement – the Case of Green Award Criteria

Dagne Sabockis

DOI https://doi.org/10.21552/epppl/2023/4/4

Keywords: green public procurement, competition, principles


This paper proposes a reconciliatory approach to the interpretation of the principle of competition and the principle’s role for green public procurement. To ensure consistency when interpreting article 18(1), second subparagraph of the EU Public Procurement Directive, the paper suggests taking guidance from the general principles of EU law. The paper considers the interpretation of “unduly favouring or disadvantaging” economic operators, and examines which factors are relevant to the assessment of whether the principle of competition is violated in the context of green award criteria.
Keywords: green public procurement; competition; principles

Dagne Sabockis, jur.dr. This article is based on parts of the author’s doctoral dissertation. The author would like to thank professors Willem A. Janssen and Fredo Schotanus for their comments on a draft version of this paper, provided during the 2021 PhD Forum of the Utrecht University Centre for Public Procurement.

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