Abstract

Abstract The process of liberalizing public procurement relies to a great extent on the principle of objectivity in the award of public contracts. The Court had the opportunity to reflect on award procedures under the relevant Directives and subject the negotiated procedures, particularly those without prior advertisement, to a restrictive interpretation. According to the Procurement Directives, negotiated procedures without prior notification shall be used restrictively inter alia ‘. . . when for technical or artistic reasons or reasons connected with the protection of exclusive rights the services could only be procured by a particular provider . . . and . . . in cases of extreme urgency brought about by events unforeseeable by the contracting authority.’

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