Pedro Melo, Sandra Tavares Magalhães

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 3, Page 206 - 206

Oana Vodă, Dacian C. Dragoș

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 270 - 283

The fine line between public land leasing and service/ works concessions is a topic that was not addressed and investigated by the legal doctrine in the context of the Directive 2014/23/EU on the award of concession contracts. The article aims at analysing the criteria stemming fromthe EU concessions legal framework and from the case law of the European Courts (the Court of Justice of the European Union (CJEU) and the European Free Trade Association (EFTA) Court) under which land leases for the exploitation of public domain would be considered works or service concessions and subjected to the rules of Directive 23/2014/EU. Keywords: land lease, public works contract, concession, public service contract

Vincent P. Wangelow

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 107 - 123

In 2014, a newly enacted set of directives sought to reform the EU Public Procurement Regime, promoting stronger harmonisation but also more flexibility in procurement activities throughout the European Union. Amendments to public contracts after the award have long been a grey area, both for contracting authorities and tenderers alike. However, given the economic importance of public procurement for the European economy, the sound functioning of procurement rules is key. Hence, the article aims to provide a comprehensive evaluation of the new provisions, especially as far as amendments to public works contracts due to the necessity of additional works (following, inter alia, inadequate planning) and unforeseeable circumstances (typically entailing delays, cost overruns etc.) are concerned. In this respect, drawing on sources from legal scholarship of different EU Member States (eg, Germany, France, Spain) and the UK, this article provides an analysis of the rules on post-award amendments to public contracts with an emphasis on Article 72 of Directive 2014/24/EU. To identify the underpinning ideas of these rules, the article considers policy goals and constraints as well as the relevant case law of the Court of Justice of the European Union. Keywords: public works contracts, EU public procurement, amendments, modifications, additional works and unforeseeable circumstances, Directive 2014/24/EU