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Public Procurement - Concessions Directive 2014/23 - Advocate General Campos Sanchéz-Bordona advises the Court of Justice on what may constitute ‘substantial modifications’ to a concession.
In its recent opinion, the Court of Justice’s Advocate General Campos Sanchéz-Bordona sheds light on the interpretation of ‘substantial modifications’ in relation to the renewal of a concession contract and provides guidance on the right of access to remedies for third parties that did not submit an offer in the initial procurement procedure.
Background
On 15 August 2009, the Italian Autonomous Administration of State Monopolies (the ADM, or Contracting Authority) opened a call for tenders for the concession to operate public games of chance known as “national instant lotteries”.