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Provision allowing extension of an existing framework agreement to additional authorities is permitted provided quantity of supplies/services envisaged is clearly determined (Autorità Garante della Concorrenza e del Mercato)

Provision allowing extension of an existing framework agreement to additional authorities is permitted provided quantity of supplies/services envisaged is clearly determined (Autorità Garante della Concorrenza e del Mercato)
Published on: 21 December 2018
Published by: LexisPSL
  • Provision allowing extension of an existing framework agreement to additional authorities is permitted provided quantity of supplies/services envisaged is clearly determined (Autorità Garante della Concorrenza e del Mercato)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Public Law analysis: The Court of Justice gave a preliminary ruling in a case concerning a request for the extension of an existing public framework agreement to an additional contracting authority, via a provision which allowed one or more authorities specified in the relevant ’extension clause’ to request that the successful bidder extend the contract to cover them ‘subject to conditions identical to those of the relevant procurement contract’. While ruling that such extension clauses were allowed in framework agreements, the court also made clear that the contracting authority must still indicate the total quantity of supplies/services which may be procured under the framework. Non-party authorities taking advantage of the extension clause must not be allowed to refrain from determining the quantity of services that they may require. or take a trial to read the full analysis.

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