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ARTICLE · 03 JULY 2009

SJ Berwin´s Community Week: A Weekly Summary Of Competition Law And Policy Developments

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Advocate General Ruiz-Jarabo Colomer delivered an opinion on the legal regime governing public-private partnership arrangements ("PPPs") on 2 June 2009, concluding that it is legitimate for regional public authorities to establish legal entities to enter into partnerships with private participants (institutionalised PPPs or IPPPs).

United KingdomAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

EU DEVELOPMENTS

Procurement Update

Advocate General Ruiz-Jarabo Colomer delivered an opinion on the legal regime governing public-private partnership arrangements ("PPPs") on 2 June 2009, concluding that it is legitimate for regional public authorities to establish legal entities to enter into partnerships with private participants (institutionalised PPPs or IPPPs).

The Advocate General confirmed the Commission's conclusion that a "double tendering procedure - one for selecting the private partner to the IPPP and another one for awarding contracts or concessions to the public-private entity" is not necessary. Rejecting the Commission's justification of "pragmatism", he explained that "the use of a double tendering procedure is not compatible with the reduction of procedural formalities which underlies IPPPs", via the use of a single procedure to select the private sector partner and to award the public contract or concession to the public-private partnership

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