The judgment of the Court of Justice of the European Union on 22 October 2024 in the case Kolin Inşaat Turizm Sanayi ve Ticaret C-652/22 concerns the interpretation of the provisions on the participation of entities from third countries in public procurement procedures conducted in the European Union. This is a novelty in the current approach to the availability of public procurement and a breakthrough in the application of legal standards governing public procurement. Its implications are particularly far-reaching for economic operators from third countries that are neither EU Member States nor parties to relevant agreements with the EU. The sentence, on the one hand, reminds us of the principles of equal treatment and openness within the European public procurement market, and on the other hand, confirms that access to this market may be limited for companies from countries that have not signed appropriate international agreements with the EU. This is a novelty in the current approach to the accessibility of public procurement and a breakthrough in the application of legal norms regarding public procurement, especially since it will have a huge impact on participants in the global economic market that are not members of the EU and have not concluded appropriate agreements with the EU.
Beata Zięba (Mon,) studied this question.