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More clarity on correct definition of services concessions
- Cobbetts LLP
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- European Union, Germany
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- October 18 2010
In a German case before the European Court of Justice, Advocate General (AG) Mazak has offered a helpful opinion clarifying what constitutes a services concession for the purposes of the procurement rules (NB. AG opinions are not binding but are often followed in subsequent judgments, which normally follow a few months later
Incidental public works obligations do not render mixed contracts within the procurement rules
- Cobbetts LLP
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- European Union, Greece
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- October 18 2010
In a judgment of the European Court related to a Greek case (Club Hotel Loutraki), the Court held that in the context of the privatisation of a previously state owned business, an incidental public works obligation was insufficiently central to that contract to bring it within the scope of the public procurement rules
General duties of transparency apply even in Part B services contracts situations (Commission v Ireland)
- Cobbetts LLP
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- European Union, Ireland
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- March 3 2011
It is well known that the Regulations provide for a much less rigorous treatment of public services contracts that are classified as "Part B" services
