Analysis: “The substitution of the insolvent winning contractor: Should the successor take it all?” by Sarah Schoenmaekers

On 3 February 2022 the Court of Justice delivered its ruling in Advania Sverige AB and Kammarkollegiet v Dustin Sverige AB  (C-461/20) on a preliminary reference from the Supreme Administrative Court of Sweden concerning the interpretation of Article 72(1)(d)(ii) of Directive 2014/24/EU on public procurement. Article 72 allows for the modification of contracts and framework agreements without a new procurement procedure, yet in accordance with the Directive, in certain clearly defined circumstances. One of such circumstances concerns the situation where a new contractor replaces the contractor to which the contract was initially awarded due to the universal or partial succession of that initial contractor following corporate restructurin