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The EU Court of Justice holds that when public entity makes no selection between the admissible tenderers it does not constitute public contract (Tirkkonen)

THE END OF PROCUREMENT AS WE KNEW IT? CJEU CONSOLIDATES FALK PHARMA APPROACH TO DEFINITION OF PROCUREMENT IN TIRKKONEN (C-9/17)* In its Judgment of 1 March 2018 in Tirkkonen, C-9/17, EU:C:2018:142, the Court of Justice of the European Union (CJEU) had to assess whether a scheme with the following characteristics had to be classed as a framework agreement and thus subjected to the EU procurement rules (at the relevant time, Directive 2004/18/EC, now repealed by Directive 2014/24/EU). The scheme was as follows: the Finnish Agency for Rural Affairs (contracting authority, or Agency) had to manage the provision of agricultural advisory services to farmers and land managers having entered into an environmental agreement concerning the payment of environmental compensation payments. The

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Albert Sánchez Graells, The EU Court of Justice holds that when public entity makes no selection between the admissible tenderers it does not constitute public contract (Tirkkonen), 1 March 2018, e-Competitions Bulletin March 2018, Art. N° 88500

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