The Interface Between Public Procurement and Competition Regulation During the COVID-19 Pandemic: A South African Perspective
Withholding payments to main contractors – an attempt by Estonia to protect subcontractors in public works contracts
EU legislation includes two limitations to the application of rules of public procurement. Beside the limitation of in-house/vertical cooperation (the Teckal doctrine), the CJEU has also developed in its case law the so-called Hamburg doctrine, which concerns horizontal cooperation between contracting authorities. In 2014, this doctrine was incorporated into Paragraph 4 of Article 12 of Directive 2014/24/EU on public procurement, Paragraph 4 of Article 17 of Directive 2014/23/EU on the award of concession contracts, and in Paragraph 4 of Article 28 of Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors. Since the text of the paragraphs is rather concise, it is necessary to interpret it in the light of relevant judgments of the CJEU, which is the aim of this paper.
Volym: no 2
Sida: s. 63