Framework agreements

Mario E. Comba

Chapter 8 in Reforming EU Public Procurement, 2026, pp 103-117 from Edward Elgar Publishing

Abstract: The use of Framework Agreements is growing in the EU and is an effective tool to increase competition by reducing direct awards and single bids, especially when managed by Central Purchasing Bodies and involving multiple economic operators and contracting stations, even if some anti-competitive effects still may be produced. However, the EU Court of Justice has mandated a maximum amount for such agreements (Authority and Simonsen judgments), gradually turning them into binding contracts, resulting in operational and legal problems, such as exceeding the maximum limit and managing contract amendments. It is suggested that the European legislator clarify the legal nature of Framework Agreements, considering whether or not to maintain the maximum limit and better regulating the consequences of this choice, as well as improving transparency through more accessible data and deepening the role of Framework Agreements in cross-border procurement, an area that is still little explored but strategic for European competitiveness.

Keywords: Framework Agreements; Contract; Public procurement; Competition; Transparency (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035368266
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