Modification of concession when concessionaire no longer has in-housestatus: the CJEU clarifies when a new award procedure is not required

The Judgment of the Court of Justice of the European Union of 29 April 2025 addresses the modification of public contracts originally awarded to an in-house entity which, during performance of the contracts, has lost such status. The reference for a preliminary ruling was made in the context of a dispute concerning the extension of concession contracts relating to service facilities ancillary to motorways to include the construction, maintenance and operation of fast-charging infrastructure.

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