Antitrust and Coopservice: Procurement Aggregation Is a Serious Thing (Adjudicating Too)
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[1] Lawyer, LL.M. Eur, PhD candidate, Public Procurement Senior Expert in Banco de España. Counsel of the Government of Castilla-La Mancha and the National Securities Markets Commission
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- Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 4, Nº. 3, 2019, págs. 809-821
- Idioma: inglés
- Enlaces
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Resumen
Antritrust and Coopservice (judgment of 19 December 2018, case C-216/17) is a peculiar product of the Court of Justice. It is one of a kind in aggregate procurement, a subfield of public procurement that has remained virtually untouched by the Court. A number of very helpful and reasonable directions can be drawn from this judgment with respect to the duration and quantification of framework agreements as well as the identification of the authorities entitled to use them in the case of framework agreements concluded jointly by several authorities. At the same time, it is not a model of adjudication, incurring in some inaccuracies, obvious mistakes, and even unkindness to the referring national court. This surely makes it more enjoyable to read and comment. The present Insight shows the slips of the Court, while highlighting the main directions that can be extracted vis-à-vis the operation of framework agreements and joint contracts.
