Old remedies for new violations? The deficit of remedies for enforcing public contract modification rules

An important and long due adjustment introduced to the EU public procurement law by the new directives1 is the regulation concerning modification of public contracts.2 Deriving from the case-law of the CJEU, the rules equals any amendment that is materially different from the initial public contract, to a de facto new contract award that is considered to be an unacceptable procurement practice.3 The said materiality criterion has received general acceptance and good attention in legal literature…