To terminate or not to terminate

Ezgi Uysal

Chapter 18 in Reforming EU Public Procurement, 2026, pp 266-280 from Edward Elgar Publishing

Abstract: As one of the novelties introduced with the 2014 revision to the EU public procurement law, the rules on “termination of contracts” have led to various ambiguities. On the one side, the provision stipulates three specific grounds for termination: (i) serious infringements established by the CJEU, (ii) substantial modification that would have required a new public procurement procedure and (iii) failure to apply mandatory exclusion grounds. On the other side, the exact obligation incumbent on contracting authorities when one of these grounds arises remains unclear, as the provision merely requires member states to ensure contracting authorities can terminate contracts, leaving open the question of whether an obligation to terminate exists. By analysing the limited case law and questions raised in the literature, this contribution addresses the gaps in the current provision and offers a reform proposal that balances conflicting interests in line with broader goals.

Keywords: Public procurement; Public contracts; Termination of contracts; Directive 2014/24; EU; Article 73 (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035368266
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035368273.00027 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:24876_18

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Jack Sweeney ().