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The European Commission is announcing the evaluation of the Public Procurement Directives to improve competition, streamline processes and achieve strategic goals. Stakeholders can contribute to the evaluation through an upcoming call for evidence and public consultation.

The Court of Justice of the European Union (CJEU) recently issued an important judgment in Case C-652/22, a request for a preliminary ruling made by the Visoki upravni sud (High Administrative Court, Croatia), concerning a case where a Turkish company challenged a Croatian public procurement decision. The case raised questions about the rights of economic operators from third countries, like Turkey, to participate in EU public procurement procedures.
The Court concluded that Directive 2014/25/EU, which governs procurement in the water, energy, transport, and postal sectors, does not apply to operators from third countries that do not have reciprocal agreements with the EU, such as Turkey. In this case, Kolin Inşaat could not rely on the provisions of EU law, such as the principles of equal treatment or non-discrimination, to challenge the decision to award a public contract. The judgment confirmed that access to public procurement procedures in the EU for such operators is not guaranteed and may be restricted.
This ruling clarifies that third-country operators cannot invoke the rights afforded to EU or GPA (Government Procurement Agreement) countries unless there is a specific agreement in place.
The request for a preliminary ruling made by the Visoki upravni sud (High Administrative Court, Croatia), by decision of 10 October 2022, is inadmissible.

The Regulation provides the framework to set minimum product-specific mandatory green public procurement criteria at EU level.

The European Commission has decided to renew the membership of its Stakeholder Expert Group on Public Procurement. The Group will play a key role in contributing to the work leading to the revision of the Public Procurement Directives. We therefore welcome procurement experts from public and private sector, civil society, and academia to apply to the selection process of for this renewed Expert Group. The purpose of this group is to provide the Commission with high-quality legal, economic, technical, and practical insights and expertise to help it in shaping the public procurement policy of the Union.

The European Commission has published a Staff Working Document (‘SWD'), clarifying how it will determine when a foreign subsidy distorts the internal market and how it will apply the balancing test under the Foreign Subsidies Regulation (‘FSR').

The public procurement monitoring reports submitted by EU and EEA countries to the European Commission under Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU are now available online.