Modificarea substanţială a unui contract de achiziţie publică în lumina jurisprudenţei Curţii de Justiţie a Uniunii Europene

Consilier Juridic Andreea CRĂCĂNEL

ABSTRACT

The article deals with the issue of substantial modification of public procurement contracts during its implementation in the light of the jurisprudence of the Court of Justice of the European Union (CJEU). It is pointed out that, in the original versions, the EU directives on public procurement did not regulate the amendments to these contracts. It was only in 2014 that the directives began to codify solutions pronounced by the CJEU as early as the 90s, which set limits for modifying the essential terms of a contract without organizing a new award procedure. The article highlights the importance of transparency and non-discrimination in the implementation of public procurement projects and mentions the judgment in Case C-454/06 as the most cited in this context. It set out the reasons why an amendment to the contract can...