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
Not logged in
The full text of this resource is available through the following PLC services:
- PLC Construction
- PLC Commercial
- PLC Public Sector
- PLC IPIT & Communications
- PLC Competition Law - EU
To request a free trial or for further information, please fill in the trial
request form, contact your account manager, or contact the PLC
Helpline.
Subscriber log in
Subscription help
If you are having difficulty accessing the content you require, please visit our help and information page, or contact the PLC
Helpline.