CASE COMMENT : CASE LAW - EU CASE LAW - PUBLIC SECTOR - PUBLIC PROCUREMENT - COMPETITIVE BIDDING - TRANSFER OF THE CONTRACT, UNLIMITED DURATION AND EXTENSION OF THE CONTRACT

Public procurement: The ECJ rules on how to combine the obligation of a competitive bidding and the transfer of the contract, its extension and an unlimited duration clause (Pressetex Nachrichtenagentur GmbH c/ Autriche)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 19 June 2008, Pressetex Nachrichtenagentur GmbH v. Republik Österreich (Bund), case C-454/06 The Court of Justice of the European Communities emphasises that, in order to ensure the transparency of procedures and equal treatment of tenderers, amendments made to a public contract during its period of validity constitute a new award of contract within the meaning of Directive 92/50 where they present characteristics substantially different from those of the initial contract and are, therefore, such as to demonstrate the willingness of the parties to renegotiate the essential terms of that contract. The ECJ, although it has already had to deal with one

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Bertrand du Marais, Albéric Sakon, Public procurement: The ECJ rules on how to combine the obligation of a competitive bidding and the transfer of the contract, its extension and an unlimited duration clause (Pressetex Nachrichtenagentur GmbH c/ Autriche), 19 June 2008, Concurrences N° 4-2008, Art. N° 22319, pp. 154-156

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