Op-Ed: “Motorway to (Green) Heaven? Some remarks on Case C-452/23 (pending)” by Piotr Bogdanowicz

The issue of contract modification was regulated, for the first time in the history of EU public procurement law, in 2014. Despite the lapse of 10 years, the number of judgments of the Court of Justice of the European Union (‘the Court of Justice’ or ‘the Court’) concerning contract modifications is still low. Consequently, any new case before the Court on contract modification, such as the one at hand, deserves special consideration. Particularly when – as the referring court noted – the case-law of the Court to date seemingly does not provide an unambiguous answer to some questions.

In this case, upon a referral from the German Procurement Chamber of the Higher Regional Court in Düsseldorf, the Court of Justice was invited to de