Overview

This briefing by Denton Wilde Sapte examines a helpful ECJ judgment which clarifies how the law applies to development and planning agreements.

The European Court of Justice judgment in the case of Helmut Müller GmbH v Bundesanstalt für Immobilienaufgaben [2010] is evidence that the high tide of Community law encroaching into property law practice has started to recede. As was reported in 'The Public Contracts Regulations 2006', by Jake Davies (PLJ233, 22 June 2009, p6), public authorities and the private-sector companies that enter into development agreements with them need to be aware of the requirements of public procurement law. This remains the case, but Helmut Müller at least gives public authorities and developers a robust legal framework in which to assess their respective legal obligations under public procurement law. The decision should also allow public authorities more flexibility to promote schemes without having to comply with the Public Contracts Regulations 2006 (the Regulations).

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