What is of (EU) interest? And how? Some reflections with regard to Article 5 Regulation No 1370/2007
Keywords
EU law, public services, rail sector, public contracts, the transparency principle
Abstract
The ECJ has recently been significantly expanding the scope of the applicability of EU public procurement legislation as well as the obligation to abide by generally applicable rules, primarily the principle of transparency. In this light, the following article poses the question whether the approach taken by the ECJ could lead to the conclusion that directly commissioning services of public interest in the field of public passenger transport by rail might be found to be in breach of EU law. The article discusses key provisions of Regulation 1370/2007, certain ECJ rulings, and the standpoint of the EC. Considered also are proposals for amending Regulation 1370/2007 in order, among other things, to introduce an obligation to conduct tender proceedings when awarding rail services contracts.
Recommended Citation
Bogdanowicz, P. (2014). What is of (EU) interest? And how? Some reflections with regard to Article 5 Regulation No 1370/2007. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 3(7), 57-67. Retrieved from https://press.wz.uw.edu.pl/ikar/vol3/iss7/2
First Page
57
Last Page
67
Page Count
10
Publisher
University of Warsaw
