ECJ ruling on variation of contracts and whether this amounts to the award of a new contract under the public procurement rules

Resource type: Legal update: archive

Status: Law stated as at 19-Jun-2008

Jurisdiction: European Union

On 19 June 2008, the European Court of Justice (ECJ) handed down a ruling on a reference from an Austrian court on whether variation of an existing contract amounts to the award of a new contract under the old Public Services Contracts Directive (Directive 92/50). The ECJ has ruled that a new contract is not awarded for the purposes of the Directive where the services provided under a contract are transferred to a new company which is owned and controlled by the original service provider. In addition, the ECJ held that the adjustment of the initial contract to accommodate external circumstances (such as euro currency conversions) and, in the circumstances of this case, a supplemental agreement to renew a termination waiver provision and to adjust certain rebates, did not amount to the award of a new contract.

PLC Competition

Free trial

New users may access this content by requesting a free, no-obligation trial to our services. To trial please register below, telephone +44 (0)20 7202 1220 or e-mail info@practicallaw.com.

A free trial will give you:

✔	Access to a vast bank of maintained precedents
✔	Daily, weekly and monthly e-mail updates across practice areas of your choice
✔	Practical guidance on the law, applied to situations you face daily
	Register

Log in

Subscribers and those on trial may access this content by logging in below.

Contact Us

If you would like help, please contact the PLC Helpline or see our Help page.

Actions

Resource information

Show resource details Hide resource details

Resource ID: 2-382-2221
Law stated date: 19-Jun-2008
Products: PLC Commercial, PLC Competition Law - EU, PLC Construction, PLC IPIT & Communications, PLC Public Sector

Ask a question