The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut – Go Health Pro

The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut – Go Health Pro

By falling just short of mandating a complete ban on access to EU procurement by third-country economic operators not covered by international agreements, in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22) (‘Kolin’), the Court of Justice has suddenly crystallised a change in EU procurement-related trade policy. Kolin will have many, and potentially quite problematic, practical … Read more

Will the ECJ mandate protectionism in procurement — comments on AG Collins’ Kolin Opinion (C-652/22) — How to Crack a Nut – Go Health Pro

Will the ECJ mandate protectionism in procurement — comments on AG Collins’ Kolin Opinion (C-652/22) — How to Crack a Nut – Go Health Pro

In the Opinion in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22, EU:C:2024:212, hereafter ‘Kolin’), Advocate General Collins has argued that only economic operators established in countries party to international agreements on public contracts that bind the EU may rely on the provisions of Directive 2014/25/EU. This would imply that economic operators established in other countries … Read more

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