The European Court of Justice stated in judgement of 19 December 2018,Autorità Garante della Concorrenza e del Mercato - Antitrust och Coopservice,C-216/17, EU:C:2018:1034 that a framework agreement by a contractingauthority must determine an indication of the quantity of the services which theframework agreement covers. Furthermore, the European Court of Justice statedthat a contracting authority can make commitments only up to a certain quantityand once that limit has been reached the agreement will no longer have any effect.The statement that a framework agreement would no longer have any effectonce the limit has been reached is not further developed by the European Courtof Justice which has led to many different interpretations. The purpose of thiswork is to clarify how the statement by the European Court of Justice should beinterpret regarding when the quantity needs to be determined, how it should beindicated and which consequences that follows if the quantity is not determined.The method for this work is the legal dogmatic method.The main conclusions from this work are that a limit for quantity should begiven for all framework contracts with one single or several economic operatorswith some exceptions and that the contracting authority has some room forflexibility when determining the quantity. The consequences that can followwhen a contracting authority does not indicate a quantity limit is that aprocurement process need to start over. The fact that a limit has not been givenshould not be a ground to invalidate a contract that already has been concluded.If the contracting authority passes the limit the exceeding part could beinvalidated by the court. An indicated limit that with disproportionate marginfalls below the contracting authority actual need is contrary to the principle oftransparency. Lastly, the obligation to determine a quantity limit does not affectthe party’s obligations according to the contract since that is a question of civillaw.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-190559 |
| Date | January 2021 |
| Creators | Linder, Nina |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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