The EU Court of Justice holds that a member State must establish that national secure interest protection could not be reached with the EU public procurement rules to obtain a derogation (Austrian public contracts of printing secure documents)

WHY CALL IT ESSENTIAL NATIONAL INTEREST WHEN YOU MEAN CONTROL? THOUGHTS ON THE CONVERGING EXCEPTIONS TO THE EU PROCUREMENT RULES A PROPOS THE AUSTRIAN PASSPORTS CASE (C-187/16)* In its Judgment of 20 March 2018 in Commission v Austria (Imprimerie d'État), C-187/16, EU:C:2018:194, the Court of Justice of the European Union (CJEU) assessed the extent to which Austria could rely on claims of national security interest and/or essential national interest to justify the direct award of several contracts for the printing of passports and other secure documents to the former Austrian national printing office (ÖS). In rejecting this possibility, the CJEU followed AG Kokott’s strict approach to the interpretation of derogations of the EU public procurement rules (as discussed here) and,

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Albert Sánchez Graells, The EU Court of Justice holds that a member State must establish that national secure interest protection could not be reached with the EU public procurement rules to obtain a derogation (Austrian public contracts of printing secure documents), 20 March 2018, e-Competitions Bulletin March 2018, Art. N° 88502

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