Advocate General Colomer (AG) gave an Opinion to the European Court of Justice (ECJ) on 2 June 2009, on issues concerning the application of procurement law to public private partnership (PPP) arrangements. The case had come before the ECJ on a preliminary reference from an Italian court. The Opinion addresses the distinction between public contracts and concessions, and in doing so, it highlights the transfer of risk to the economic operator as being one of the most valuable clues for making the distinction. Probably the most significant part of the Opinion concerns the AG's views on "double tendering". The AG concluded it is not necessary for a contracting authority to conduct a separate tender for the grant of a contract or concession to a PPP entity, provided that the private partner has been selected through a public tendering procedure under the procurement rules or in compliance with general EC principles and that its ability to perform the relevant services was also assessed as part of that tender. In essence, this Opinion supports the position put forward by the European Commission in its 2008 Guidelines on Institutionalised PPPs.