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Framework Agreement Case Law

Keywords: public procurement – common public procurement – framework agreements – judicial dialogue – estimated value – the principle of transparency. The Advocate General`s conclusions also appear to support this conclusion. According to these conclusions, it is sufficient, for example, for an adjudicator power to acquire “party” status within a framework, to agree to be bound by the terms of the agreement, either by the signing of the agreement or by the signing of another legal act expressing such consent.7 [47] This is the case in Spain, where it seems that the public administration understands less well that the estimated value of the framework agreements is not a ceiling, but only an estimate, which allows it to exceed it. See, among other things, the opinion of the Junta Consultiva de Contratacién Péblica del Estado, notice 17/12 of 20 November 2012 www.hacienda.gob.es. “It is essential that, at the time of the agreement, the contracting powers other than the contracting authority that signed the framework agreement be identified as “potential beneficiaries” and have been aware of its contents. If the conclusion of the framework agreement is preceded by a collective decision in which a number of contracting powers agree to make bulk purchases of certain products or services, that a previous collective decision can serve as the basis for a framework agreement, Overall, I would suggest that this case works as a warning and that the scope of the ECJ`s jurisdiction to examine the actions of the European institutions which, despite participation in a contractual framework, still contain (sufficient) connotations of the exercise of public power (something in paragraph [22]) – requires reflection. The judgment deals with a request for a preliminary decision by the Italian Council of State (Consiglio di Stato) in connection with two appeals relating to the use of a framework agreement2 for waste management services by the regional public health authority of Valcamonica3. The framework agreement in question was concluded in 2012 by another body, the Lake Garda Regional Health Authority.

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