EPPPL 2022: Revisiting Procurement Directives After the Pandemic

EPPPL 2022: Report from Greece – Revisiting Directives After the Pandemic

Stelios Tsevas & Kathrin Hornbanger

Following extensive pandemic-related derogations, 2022 marked a critical turn toward restoring emphasis on transparency and effective judicial remedies across EU member states.

A. Landmark ECJ Judgment (Joined Cases C-274/21 and C-275/21)

The European Court of Justice interpreted Directive 89/665 alongside Article 47 of the EU Charter of Fundamental Rights, ruling that national legislation cannot mandate litigants to identify exact contestable decisions or pay unpredictable flat-rate court fees when contracting authorities opt for procedures without prior publication.

B. HSPPA Instructions and Greek Case Law

In July 2022, the HSPPA instructed Greek authorities that rules permitting negotiated procedures without prior publication must be interpreted restrictively, with the burden of proof strictly borne by the contracting authority.

Concurrently, Chamber VII of the Court of Audit (Decision 2444/2020 & Decision 193/2022) reaffirmed that defense procurements exempted from Law 4412/2016 without proper justification are illegal and subject to national fiscal controls.