CASE COMMENTS : PUBLIC PROCUREMENT – EMINENT DOMAIN – CONTRACTUAL LEASE OF PUBLIC PROPERTY – FREEDOM OF ESTABLISHMENT

Contractual lease of public property : The European Court of Justice decides that both the “Services directive” 2006/123/EC and the freedom of establishment (Art 49 TFEU) bar the renewal of a lease contract for public property without a competitive tender procedure (Promoimpresa ; Mario Melis)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On our National Day, the Court of Justice clearly ruled in favour of the obligation to create a system of competitive tendering prior to obtaining a temporary authorisation to occupy the public domain (AOT) at the very moment when the French Parliament was tearing itself apart over the need to create such an obligation (see our Chronicle, "The Senate refuses to authorise the Government to introduce competitive tendering procedures prior to certain authorisations to occupy or to certain transfers of the public domain").). Having received two references for preliminary rulings from the Italian regional administrative courts, the Court holds that European

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Bertrand du Marais, Contractual lease of public property : The European Court of Justice decides that both the “Services directive” 2006/123/EC and the freedom of establishment (Art 49 TFEU) bar the renewal of a lease contract for public property without a competitive tender procedure (Promoimpresa ; Mario Melis), 14 July 2016, Concurrences N° 1-2017, Art. N° 83150, pp. 210-212

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