Implications of Auroux decision to public works contracts and development agreements

Result of Auroux working group (PDF)

The 2007 judgment of the European Court of Justice (ECJ) in Jean Auroux v Commune de Roanne, Case 220/05 (Auroux) has raised significant questions in relation to the scope of application of the EU public procurement rules to land development agreements.

The PLA has considered the implications of Auroux for a number of different land development situations and has produced this paper to share its views, as at 22 June 2009, on the application of Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts and related EC law, implemented in the UK by the Public Contracts Regulations 2006 and the Public Contracts (Scotland) Regulations 2006.

The paper has been produced following a significant amount of work by the PLA's Auroux working group, under the leadership of Duncan Osler from MacRoberts LLP. The paper will be kept under review due to the developments occurring in this area.

See also past events.