EU Court on Procurement Contract Changes
The CJEU considered whether the de minimis exemption permits a contracting authority to modify the remuneration model of a framework agreement where the overall contract value changes only marginally. The key question was whether this change would amount to a modification of the “overall nature” of the contract.
The CJEU clarified that an “alteration of the overall nature” of a framework agreement is not the same as a “substantial modification” under Article 72(4). A change capable of affecting the original procurement outcome does not automatically prevent reliance on Article 72(2).
The Court ultimately agreed with the opinion of the Advocate General that only modifications leading to a fundamental change in the balance or structure of the framework agreement will amount to an alteration of its overall nature.
The Court distinguishes between “substantial modifications” and alterations of a contract’s “overall nature”. The judgment strengthens legal certainty for contracting authorities. It confirms that low-value adjustments to remuneration models are permissible. This includes changes to pricing structures, provided they do not fundamentally transform the agreement.
The Judgement can be found here EUR-Lex – 62024CJ0282 – EN – EUR-Lex
In2 the bargain 