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Public procurement rules do not apply when a public body enters into a contract for acquisition or rental of land. However, if the contract includes works or services, then the public procurement regime is likely to apply. What happens if a public body enters into a contract to become a tenant in a building yet to be constructed? We look at the recent decision in Commission v Austria which provides guidance on an area of procurement law that is often considered to be complex.
The question of land development agreements being subject to public procurement law is a prominent topic in recent case law and is one that we have considered previously. The recent judgment in European Commission v Republic Austria C-537/19 offers practical examples that provide guidance on the extent to which public
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