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Contract Modifications in EU Procurement Law

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Contract Modifications in EU Procurement Law

9781800379664 Edward Elgar Publishing
Piotr Bogdanowicz, Associate Professor, Warsaw University and Counsel, Clifford Chance, Poland
Publication Date: October 2021 ISBN: 978 1 80037 966 4 Extent: 200 pp
Contract Modifications in EU Procurement Law provides readers with a comprehensive overview of the process of contract modification under European Union (EU) procurement law. The book examines the origin of the regulations pertaining to modifications, the legal grounds for modification and limitations under current rules. In addition, the book outlines the legal effects of carrying out a modification breach under EU law.

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Contents
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Contract Modifications in EU Procurement Law provides readers with a comprehensive overview of the process of contract modification under European Union (EU) procurement law. The book examines the origin of the regulations pertaining to modifications, the legal grounds for modification and limitations under current rules. In addition, the book outlines the legal effects of carrying out a modification breach under EU law.

Key features include;
• analysis of the criteria which must be met under the EU Public Procurement Directive (2014/24/EU) to ensure a modification is compliant with EU law
• fresh examination of the EU Court of Justice's decisions in cases relating to contract modifications and Directive 2014/24/EU more widely
• consideration of contract modifications both from practical and theoretical perspectives.

This authoritative book will be a valuable resource for professionals in both the public and private sectors when establishing whether a given modification can be made in practice. It will also serve as an excellent source of knowledge about the modification of a contract in the EU for academics in the areas of commercial and EU law. 
Critical Acclaim
‘Public procurement scholars, with few exceptions, have always been a little scared to address what happens after adjudication, because it seems just an appendix of the core questions related to the procurement procedure. Now, finally, Bogdanowicz’s book gives for the first time a complete, analytical and comprehensive account of such issue, of vital importance in real life. The Author combines his skills as lawyer and academic, offering an original approach which will become a point of reference in contemporary debate.’
– Mario Comba, University of Turin, Italy

‘EU public procurement law was traditionally concerned with the award phase. The 2014 Directives brought new EU rules on contract implementation. Piotr Bogdanowicz leads us on the other side of the moon, shedding light on the new rules on contract modifications. This is the first full monograph dedicated to this topic in all its aspects, including remedies. It will not just set the tone for future developments, but will help all procurement professionals to navigate a very new and complex area of the law.’
– Roberto Caranta, University of Turin, Italy

‘Despite their consolidation in Directive 2014/24/EU; the EU rules on the modification of public contracts continue to pose a wide array of normative and practical difficulties. In this book, Piotr Bogdanowicz systematically and carefully identifies all issues arising from the current rules and proposes functional and smart ways of working around them. This book not only moves the academic discussion forward, but also provides an invaluable resource for practitioners dealing with the modification of public contracts on a day-to-day basis.’
– Albert Sanchez-Graells, University of Bristol, UK
Contents
Contents Introduction 1. Contract in European Union public procurement law 2. Modification of a contract in the case-law of the Court of Justice of the European Union 3. Contract modification in Directive 2014/24/EU 4. Modification of a contract which is not covered or is only partially covered by the public procurement directives 5. Legal effects of an impermissible modification Conclusions Index
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