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Quality as an Interacting Award Criterion under Current and Future EU-Law Journal Artikel

Martin Burgi, Benedikt Brandmeier

European Procurement & Public Private Partnership Law Review, Jahrgang 9 (2014), Ausgabe 1, Seite 12 - 26

This article addresses the question of how to define what may be understood under quality as award criterion, which legal constraints have to be respected and what public entities have to considerwhen implementing such “requirements” in the formof quality-related award criteria in procurement practice. It will therefore examine the legal framework as provided by the current Directive 2004/18/EC on the coordination of procedures for the award of public works contracts,


In-House Procurement and Horizontal Cooperation Between Public Authorities Journal Artikel

Martin Burgi, Frauke Koch

European Procurement & Public Private Partnership Law Review, Jahrgang 7 (2012), Ausgabe 2, Seite 86 - 93

An Evaluation of Article 11 of the Commission’s Proposal for a Public Procurement Directive from a German Perspective

The Commission's reform of the Procurement Directive had raised high expectations among procurement experts, especially regarding the hitherto unwritten exceptions for in-house and horizontal cooperations between public authorities. A close examination of Article 11 of the proposal, however, shows that the provision does not meet these expectations. In order to preve


The Role of Banks in PPP Procurement Procedures – Existence and Scope of an unwritten Prohibition of “Simultaneous Participation” after the ECJ’s “Assitur”-Case Journal Artikel

Martin Burgi

European Procurement & Public Private Partnership Law Review, Jahrgang 5 (2010), Ausgabe 1, Seite 6

The Role of Banks in PPP Procurement Procedures I. Introduction: Risks and benefits Public budgets around the world hit new, inconceivable record-deficits, to a great extent due to the world financial crisis.1 That leaves public authorities often no or only little (financial) leeway to fulfil their public tasks. Furthermore, banks often refuse to give loans not only to the private but also to the public sector, although credits are desperately needed for

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