Department of Law

How to classify an Institutionalised Public Private Partnership (IPPP) in the context of public procurement requirements?

Research output: Contribution to conferencePaperResearch

  • Marta Andrecka, Denmark
The classification of PPP contracts for the application of the Directive 2004/18/EC is not an easy task.
This is due to the fact that PPP contracts usually include several types of different activities, such as public works, supply, service, or even establishment of an institutional framework for PPP.

For the classification of contracts which include works, supplies and services, the Directive establishes a form of mixed contracts, on the basis of which appropriate provisions are able to be applied.
However, the question remains whether the same form of mixed contracts may be used for PPPs, including the establishment of IPPPs and, if so, how the rules should be interpreted.

Using the CJEU’s rulings in Loutraki C-145/08 and Oulun Kapunki C-215/09 the author will show that applying the theory of mixed contracts to the classification of IPPPs poses certain legal uncertainties.
These legal uncertainties may include the scope and extent of the indivisibility of the contract (which is a requirement of an existence of the mixed contract), as well as bases for separation of the certain elements of the contract.
The author will analyse both cases and will pay particular attention to the details which may lead to different CJEU’s decisions.
Original languageEnglish
Publication year2013
Publication statusPublished - 2013
EventProcurement week 2013: Procurement Research: Changing Policy with Better Research - Bangor University , Bangor, United Kingdom
Duration: 18 Mar 201322 Mar 2013

Conference

ConferenceProcurement week 2013
LocationBangor University
CountryUnited Kingdom
CityBangor
Period18/03/201322/03/2013

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  • PublicProcurement week 2013

    Activity: Participating in or organising an event typesParticipation in or organisation af a conference

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ID: 53376665