- Court of Justice finds an agreement for lease did not fall within procurement rules
- Notification of infringement of EU law
- Decision of the Court of Justice
Public Law analysis: Public procurement rules do not apply when a public body enters into a contract for acquisition or rental of land. However, if the contract includes works or services, then the public procurement regime is likely to apply. What happens if a public body enters into a contract to become a tenant in a building yet to be constructed? Aaron Boyle, Joanelle O'Cleirigh, William Curry, Andrew Lenny, Sinead Flanagan, Peter Woods and Katrina Donnelly of Arthur Cox LLP look at the recent decision in Commission v Austria which provides guidance on an area of procurement law that is often considered to be complex.
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