January 25
2021
Dolores Utrilla
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1st December 2020
Internal Market

Pending preliminary ruling: does insolvency of a contractor allow for succession into its position in a public framework agreement without a new procurement procedure? 

Official publication has been made of a request for a preliminary ruling (C-461/20) from the Supreme Administrative Court of Sweden (Högsta förvaltningsdomstolen) concerning the interpretation of Article 72(1)(d)(ii) of the Public Procurement Directive 2014/24.

This provision sets out that contracts and framework agreements may be modified without a new procurement procedure in the case, inter alia, that a new contractor replaces the one to which the contracting authority had initially awarded the contract as a consequence of ‘universal or partial succession into the position of the initial contractor, following corporate restructuring, including takeover, merger, acquisition or insolvency, of another economic operator that fulfil

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