Commission refers Spain to Court of Justice

Monday January 18th, 2010

Spain has been referred to the European Court of Justice by the European Commission, regarding a series of provisions in the new Spanish public procurement law (Ley 30/2007 de contratos del sector público – LCSP) governing modification of contracts.

The Commission has decided that the regime of modifications of contracts after award, as governed in LCSP, is not in line with the principles of equal treatment, non-discrimination and transparency as contained in Article 2 of Directive 2008/14/EC.

The LCSP gives contracting authorities wide powers to modify essential terms of public contracts after award, without the conditions of modification having been provided for in the contract documents in a precise and unequivocal manner.

In regard to additional works, services or supplies, the Commission also considers that the LCSP allows for the possibility of the contracting authority to resort to the use of the negotiated procedure without publication, in violation of Article 31 of Directive 2008/14/EC.

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