A missed opportunity to provide meaningful clarification on state aid analysis of procurement compliance and some problematic ‘obiter dicta’ (C-28/23) — How to Crack a Nut – Go Health Pro

A missed opportunity to provide meaningful clarification on state aid analysis of procurement compliance and some problematic ‘obiter dicta’ (C-28/23) — How to Crack a Nut – Go Health Pro

On 17 October 2024, the European Court of Justice (ECJ) delivered its preliminary ruling in NFŠ (C-28/23, EU:C:2024:893). The case was very interesting in three respects. First, in addressing some aspects of the definition of public works contracts that keep coming up in litigation in relation to relatively complex real estate transactions. Second, in addressing … Read more

‘Pro bono’ or ‘land and expand’? — problematic ‘zero-value’ or ‘free’ contracts for digital innovation — How to Crack a Nut – Go Health Pro

‘Pro bono’ or ‘land and expand’? — problematic ‘zero-value’ or ‘free’ contracts for digital innovation — How to Crack a Nut – Go Health Pro

First, it raises questions on whether, even as a ‘non-procurement’ opportunity, this was carried out in a proper way aligned with best practice. An 8-day window to express interest seems very short, especially as potentially interested consultants/consultancies were given very limited information to estimate the scope of works and understand the cost (to them) of … Read more

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