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Allegation of breach over Dutch land development contracts

Nabarro LLP
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Netherlands
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October 11 2010

Contracts relating to a real estate development in the municipality of Ede in the Netherlands were awarded in breach of the procurement rules, according to a recent reasoned opinion of the European Commission

ECJ ruling in land development case

Nabarro LLP
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European Union, Italy
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March 12 2008

On 21 February 2008, the European Court of Justice ruled on a case Commission -v- Italy (C-41204) striking down a provision in Italian legislation which excludes from the procurement rules the direct award of works contracts to the holder of a building permit or development plan, where the cost is deductible from urbanisation taxes

German land development project not a works contract

Nabarro LLP
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European Union, Germany
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July 1 2008

Following an investigation, the European Commission has concluded that a contract for the sale of land between a public utility and a private property developer does not amount to a public works contract or concession governed by the procurement rules

Kick-starting housing and regeneration schemes in 2009

Nabarro LLP
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United Kingdom
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May 22 2009

A number of recent announcements have paved the way for Sir Bob Kerslake (Chief Executive of the Homes and Communities Agency (HCA)) to achieve badly needed investment in the housing and regeneration sector

Public procurement: OGC guidance on development agreements

Nabarro LLP
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United Kingdom
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January 13 2010

The Office of Government Commerce (OGC) has recently published a Policy Note, providing guidance on the effects of EU public procurement rules on development agreements following a series of EU judgments (particularly the 2005 judgment in Auroux and others v Commune of Roanne

Land purchase or public works contract?

Nabarro LLP
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European Union, Germany
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April 8 2009

A dispute has arisen over a contract concluded in 2008 between the German State of Saxony-Anhalt and a private investor for the purchase of land, upon which the investor would construct a tax administration building

Exercise of planning permission is not subject to the procurement rules

Nabarro LLP
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European Union
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April 7 2010

On 25 March 2010, the European Court of Justice gave its ruling in the Müller case (C-45108) clarifying the circumstances in which public authorities may be entering into public works contracts under the procurement rules

ECJ confirms in Müller that the exercise of planning powers is not subject to EU procurement rules

Nabarro LLP
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European Union
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March 29 2010

In 2007, the European Court of Justice handed down its landmark judgment in Auroux which confirmed that the EU procurement rules apply to land development schemes

Infringement case launched over land development project in the Netherlands

Nabarro LLP
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European Union, Netherlands
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June 7 2010

The Commission is taking the Netherlands to the European Court of Justice over the direct award of a pubic works concession in relation to a land development project in Eindhoven