Overview

The case of Jean Auroux and others v Commune of Roanne caused consternation when the European Court of Justice held that development agreements between public bodies and developers may need to be procured in accordance with the public procurement regulations.

Whilst there has been a retreat from the wide-ranging position taken in the Roanne case, public bodies are still left considering - albeit with the benefit of increased guidance - whether proposed development agreements will constitute a public works or a public works concession contract.

Wragge & Co explains why a developer partner might consider its pre-Roanne selection methods to be perfectly appropriate and far more palatable to prospective bidders.

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