On 16 September 2010, Advocate General Jääskinen advised that the procedure for appointing developers in Valencia (Spain) does not give rise to a ‘works contract’ or ‘works concession’. The case came before the European Court of Justice (ECJ) by way of an infringement action by the European Commission against Spain (C-306/08). The schemes in question involve land developments overseen by a local authority on privately owned land. In his opinion to the ECJ, the Advocate General warned the ECJ “not to over-stretch the meaning of certain criteria …for the sake of fitting the present arrangement within the scope of the public procurement rules”. He concluded that, under the arrangement, no pecuniary interest passed from the contracting authority to the developer since the cost of development rested with the private landowners. His view was that it did not amount to a works concession since the developers received no rights to exploit the public works (which comprised streets, utility networks, green spaces and parks). Developers would receive plots of land which they may exploit, but as owners of the land rather than as a concessionaire. It will be several months before it is clear whether the ECJ will follow the reasoning in the Advocate General’s opinion.