An article by Martijn van de Hel on the (public procurement law and competition law) notion of “cross-border interest” was published in the Journal for Public Procurement Law (Tijdschrift voor Aanbestedingsrecht).
The article was prompted by two judgments of the Dutch Supreme Court. In these judgments, the Supreme Court resolved long running disputes regarding the alleged cross-border interest of two outdoor advertising concessions. In the article, Martijn discusses the judgments by the Supreme Court. The judgment offer useful pointers to the (public procurement) practice. We do note that is not entirely clear if the judgments are compliant with the latest European case law. In addition to the public procurement aspects of the cases, Martijn discusses the issue of cross-border interest from a competition law and state aid law perspective.
We had previously summarised the most important takeaways of the Supreme Court judgments in a blog.
