When does the lease of a building by a public authority constitute a public procurement contract?The court of justice reshuffles the deck
Under European public procurement law and its Belgian implementing legislation, the acquisition and lease of existing buildings or other immovable property are in principle excluded from the scope of the public procurement rules.
In recent years, however, discussion has arisen over the concept of "existing buildings", particularly in the context of the lease by public authorities of buildings to be constructed. Does this type of transaction fall outside the scope of public procurement law or should it be regarded as a public works contract, on the ground that it concerns the construction of a building "corresponding to the requirements specified by the contracting authority exercising a decisive influence on the type or design of the work"?
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