Award of Public Contracts as a Means to Conferring State Aid

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Award of Public Contracts as a Means to Conferring State Aid

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dc.contributor.author Petersen, Cecilie Fanøe
dc.date.accessioned 2018-04-12T13:34:58Z
dc.date.available 2018-04-12T13:34:58Z
dc.date.issued 2018-04-12
dc.identifier.isbn 9788793579668
dc.identifier.isbn 9788793579675
dc.identifier.issn 0906-6934
dc.identifier.uri http://hdl.handle.net/10398/9614
dc.description.abstract The Thesis investigates the interface between State aid law and public procurement law with an emphasis on analysing when the award of public contracts by contracting authorities constitutes State aid within the meaning of Article 107(1) TFEU. Article 107(1) TFEU prohibits any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods, in so far as it affects trade between Member States. Award of public contracts is governed by procedural rules laid down in the public procurement Directives which lay out specific rules and procedures for the award of public contracts. Furthermore, public contracts can – under specific circumstances – be awarded directly without the conduct of a tender procedure. These situations are referred to as legal direct award of contract. A contract can be legally awarded without the conduct of a tender procedure, e.g. when the value of the contract is below the thresholds set out in the Directives. Finally, situations might occur where the award of a contract directly to an economic operator falls under the scope of the procurement Directives and thus should have happened through a tender procedure. Such situations are referred to as illegal direct award of contracts. This Thesis analyses the extent to which State aid rules apply in the abovementioned situations. en_US
dc.format.extent 285 en_US
dc.language eng en_US
dc.relation.ispartofseries PhD Series;10.2018
dc.title Award of Public Contracts as a Means to Conferring State Aid en_US
dc.type phd en_US
dc.contributor.corporation Copenhagen Business School. CBS en_US
dc.contributor.department Juridisk Institut en_US
dc.contributor.departmentshort JUR en_US
dc.contributor.departmentuk Law Department en_US
dc.contributor.departmentukshort LAW en_US
dc.publisher.city Frederiksberg en_US
dc.publisher.year 2018 en_US
dc.title.subtitle A Legal Analysis of the Interface Between Public Procurement Law and State Aid Law en_US


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