Jurisdiction(s):
United Kingdom

CJEU in P.M. (C‑264/18): exemptions for certain legal services from public procurement rules valid; UK PCR 2015 reg 10 unaffected

Published on: 11 June 2019

Published by a LexisNexis Public Law expert

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Article summary

P.m. and Others (request for preliminary ruling) C-264/18

What are the practical implications of this case?

Under the PCR 2015, a wide range of legal services let by public bodies fall within the ‘light‑touch’ regime in Chapter 3. As a result, awarding those contracts is governed by less burdensome requirements than those that apply to most other service procurements under the PCR 2015. Yet a narrower set of legal services—chiefly arbitration and conciliation work, together with representation in certain legal proceedings (and legal advice connected to such proceedings)—are carved out altogether from the procurement rules by regulation 10 of the PCR 2015. The dispute stems from a Belgian challenge to the exclusion of the relevant legal services under the Belgian counterpart to regulation 10. The applicants contended that excluding those services conflicted with the freedom of establishment and the freedom to provide services in the TFEU, and also offended the EU principles of subsidiarity and equal treatment. Had the Court of Justice endorsed the applicants’ stance, one outcome would have been that the corresponding provisions of the PCR 2015, would be called into question under that instrument, consistent with the applicants’ case before the Belgian courts and issues raised therein...

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