Europeanization as Discontinuous Adjustment: A Düsseldorf Court's Impact on Land Development Practice

Abstract

Within the Single European Market, rules govern the procurement of public works contracts and concessions. While recent judgments by the European Court of Justice indicate that these rules could have a considerable impact on future land development planning, there has not yet been widespread Europeanization of local land development practice. In Germany, however, the Oberlandesgericht in Düsseldorf (OLGD) has ruled that European public procurement rules must be followed in those cases in which the land sold forms part of an urban development plan. This has had a significant impact on German practice, with the number of official publications of tenders for land sales by German local authorities increasing from 3 in 2006 to 100 in 2008. This paper analyses the arguments that have been put forward by the OLGD and their impact on practice. We also reflect on how Europeanization as the application of European legislation in urban planning contexts not only constitutes a form of supranational intervention in local practices, but also depends on local agencies drawing on European-level powers in order to have an effect.