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Framework Agreement Cases

4. Where a framework agreement is concluded with more than one economic operator, there shall be at least three, provided that there is a sufficient number of economic operators which meet the selection criteria and/or eligible tenders which satisfy the award criteria. Finally, the conclusion of the Court of Justice is that a framework agreement concluded with a single supplier cannot be used beyond the maximum value of customers set out in the framework agreement at the beginning of the procedure. While this conclusion is obtained specifically by reference to the provisions of the legislation concerning framework agreements concluded with a single party, the same conclusion can in fact be drawn by referring to the underlying principles of transparency and non-discrimination. On this basis, the same principle should therefore apply to multi-stakeholder frameworks, whether they fall under the Public Procurement Directive or the Pensions Directive. Framework agreements are agreements between one or more buyers and one or more suppliers which lay down the conditions applicable to contracts to be defined for a specified period, in particular as regards the price and, where appropriate, the quantity provided. Other repetitive conditions known in advance, such as for example. B the place of delivery, may be included. They are also called framework purchase agreements and framework order contracts. In essence, they must allow a quick order of frequently used goods from the bar, which are purchased on the basis of the lowest price. Such goods are printing works, stationery, computers and software, as well as pharmaceutical accessories. if not all the conditions are laid down in the framework agreement, where the parties are again in competition on the basis of the same conditions and, where appropriate, other terms mentioned in the specifications of the framework agreement, in accordance with the following procedure: the referring court indicates that the number of tenderers eligible to accede to the framework agreement is not limited in advance in the tender documents; but limited by the obligation to meet these requirements.

Similarly, without the obligation to indicate at the beginning of the procedure the quantity and maximum value of services that would be covered by this Agreement, an increased risk of misuse or misuse of framework agreements in such a way as to prevent, restrict or distort competition shall be confirmed. 2. For the purpose of concluding a framework agreement, contracting authorities shall comply with the procedural rules referred to in this Directive for all stages up to the award of contracts on the basis of this Framework Agreement. The parties to the framework agreement shall be selected by applying the award criteria defined in accordance with Article 53. The referring court states, moreover, that one of the particular features of the contractual regime which led to the judgment of 2 June 2016, Falk Pharma (C-410/14, EU:C:2016:399) was that it remained permanently open to interested economic operators throughout its period of validity, which is sufficient to distinguish that scheme from a framework agreement within the meaning of Directive 2004/18. . .

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