The EU Court of Justice shows excessive deference towards social policy in public procurement: social housing schemes may not be public contracts (Libert)

In its Judgment of 8 May 2013 in Joined Cases C-197/11 & C-203/11 Libert and Others, the Court of Justice of the European Union has quashed the Belgian 'Living in Your Own Region' scheme, whereby the acquisition of land and property in certain parts of the country was restricted on grounds of social policy. Moreover, when a building or land subdivision authorisation was granted, Belgian law imposed 'social obligations' on economic operators, such as subdividers and developers, so that they had to either pay a contribution to the commune (in cash or in kind), or discharge such obligation through certain sale and lease schemes, or any combination thereof. Interestingly, the CJEU has found that this latter part of the 'authorisation + social obligation' scheme, which potentially

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Albert Sánchez Graells, The EU Court of Justice shows excessive deference towards social policy in public procurement: social housing schemes may not be public contracts (Libert), 8 May 2013, e-Competitions Bulletin May 2013, Art. N° 52709

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