AG Opinion clarifies the boundaries of ‘horizontal’ co-operation between contracting authorities in public procurement

Informatikgesellschaft für Software-Entwicklung mbH v Stadt Köln

Advocate General Campos Sánchez-Bordona’s opinion in this preliminary reference clarifies the boundaries of horizontal co-operation between contracting authorities that is not covered by the public procurement rules contained in Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement (Directive 2014/24/EU). Such horizontal arrangements need only comply with the conditions contained in Article 12(4) of Directive 2014/24/EU so as not to constitute ‘public contracts’ governed by the public procurement rules. Those conditions, and the Advocate General’s interpretation of them, are more generous than those to be found in the pre-Directive 2014/24/EU case law.

This article by Jonathan Lewis was first published by Lexis®PSL on 5th February 2020.