ARTICLE · 18 APRIL 2024

Public Procurement - Horizon Scanner: Infrastructure, Construction, Energy, April 2024

Arthur Cox

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The Commission announced two in-depth investigations in a public procurement process pursuant to its powers under the Foreign Subsidies Regulation.

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Foreign Subsidies Regulation

The Commission announced two in-depth investigations in a public procurement process pursuant to its powers under the Foreign Subsidies Regulation. Under the Regulation, companies must notify their tenders in the EU when the estimated value of the contract exceeds €250 million, and when the company was granted at least €4 million in foreign financial contributions from a third country in the three years before the notification. The investigations concern a process for the design, construction and operation of a photovoltaic park in Romania. Further information is available here.

Economic Operators outside the EU

C-652/22 concerns the award of a contract to upgrade railway infrastructure in Croatia. When an unsuccessful bidder raised a challenge, the State Commission for the Supervision of Public Procurement Procedures set the contract award aside, finding that the contracting authority had failed to substantiate its

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