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The European Commission has held a consultation on the EU procurement directives. The aim of the consultation is to collect in-depth and high-quality evidence, information, data and feedback on how Directives 2014/23/EU, 2014/24/EU and 2014/25/EU have performed. It also aims to determine whether the directives are still fit for purpose, adequate and sufficient to achieve EU policy objectives.

The judgment concerns: Reference for a preliminary ruling – Concessions – Concessions awarded to an in-house entity – Directive 2014/23/EU – Article 43(1)(c) – Modification of the concession on a date on which the concessionaire no longer has the status of an in-house entity – Modification ‘the need’ for which was ‘brought about’ by unforeseeable circumstances – Directive 89/665/EEC – Indirect review of the initial award of a concession

The European Commission has updated EU AI model contractual clauses produced by the community to align with the EU AI Act. The new version includes a full high-risk AI version, a customisable light version and a detailed commentary. Public authorities procuring AI solutions are encouraged to explore the updates and share their feedback.

As of Sunday, 2 February, the first rules under the Artificial Intelligence Act (AI Act) started to apply.

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.