In the area of the award of concession contracts there was a legal vacuum which European Courts tried to solve by clarifying some aspects related to this matter in twenty-six pertinent judgments rendered since 2000. Nevertheless, the situation regarding award of concession contracts was far from satisfactory. That alerted the competent institutions of the European Union to the fact that problems connected with the award of concession contracts could not be adequately addressed on a case-by-case basis and that it had become necessary to adopt appropriate European Union regulations.
Consequently, the Directive of the European Parliament and of the Council on the award of concession contracts was adopted at the beginning of 2014.
In this paper we are analysing the main elements of that Directive, such as the precise definition of concession, compulsory publication of concession notices in the Official Journal of the European Union in prescribed cases, establishment of certain obligations with respect to the selection and award criteria to be followed by concessions-awarding entities, regulation of modifications of concessions during their term, etc.
The paper also feautres a critical analysis of the application of the Directive on the award of concession contracts in the shipping sector, especially in the field of award of contract on the provision of maritime cabotage services, and contracts on the provision of port services, which are qualified as service concessions and, accordingly, subject to the application of this Directive.
