EU member states were required to incorporate the EU’s procurement directives (Public Sector, Utilities, and Concessions) into their domestic laws by April 18, 2016. Most countries did not meet the deadline and are still working toward implementation. But member states are not allowed to benefit from their own failure to comply with EU law, so certain provisions of the EU procurement directives – i.e., those that have “direct effect” – will apply whether a member state has implemented the directives or not.
This is important for companies doing business with EU countries, because “direct effect” provisions may offer greater protections than domestic laws on procurement issues.
For a summary of this issue, and a survey of which EU member states have and have not implemented the EU procurement directives, click here.