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Substantial Modifications of Public Contracts and Their Consequences: journal article

European and Belgian Procurement Law Perspectives

Steven Van Garsse, Simon Verhoeven, Alexander Verschave

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 284 - 294

In this contribution we discuss the consequences of the contract when it has been modified in a substantial manner. On a European level there has been provided in the sanction of the ineffectiveness of the contract, which procedure can be initiated within six months after the change has happend. In Belgian law there is also the sanction of the annulment of the contract, whereby the contract can be declared null, which can be invoked even after the six month period, thus it seems. In this contribution we formulate some critical remarks on the situation in Belgium. Keywords: substantial modifications, sanction of annulment, sanction of ineffectiveness


Techniques and Instruments for Aggregated Procurement in the New EU Directives journal article

Framework Agreements and Dynamic Purchasing Systems

Miguel Neiva de Oliveira

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 177 - 182

Among the several themes introduced by the new European directives, the present article focuses on highlighting the procedure of public procurement through Framework Agreements and Dynamic Purchasing Systems. We propose to briefly identify and discuss some important issues regarding these two instruments." Keywords: Aggregated Procurement; Special Proceeding Instruments; Substantial Modification of a Contract; Framework Agreement; Central Purchasing Bodies.

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