11 March 2025: Değer Boden was at debate on “Access to the EU Procurement Market for Third-Country Contractors – Recent Developments,” organized by Muşat & Asociaţii and JURIDICE.ro

Our Founding Partner Değer Boden was at this very interesting and insightful debate on the access of third- country contractors to the EU procurement market. It was a great opportunity to discuss the CJEU’s Kolin decision and its potential consequences along with esteemed panelists Paul-George Buta, Iuliana Iacob, Daria Niculcea, Ana Maria Abrudan, Wojciech Sadowski, Diana Bulancea, and Iulian Popescu.

Key takeaways from the discussion:
*The judgment lacks clarity and raises important questions that require further interpretation.
*While the CJEU did not explicitly exclude Turkish companies from EU public procurement, it stipulated that they cannot rely on EU public procurement directives due to the absence of an agreement between the EU and Turkey covering this area.
*This leaves participation to the discretion of individual member states, leading to potential uncertainty and inconsistent application across the EU.
*The case highlights the need for Turkey to renegotiate the Customs Union Agreement to include public procurement, ensuring fair access for Turkish businesses in EU markets.
*There are possible legal remedies, but, nothing is straightforward, and navigating these options requires a careful legal and strategic approach.
*The broader implications for non-EU economic operators in public procurement rules remain a critical issue for future trade and investment relations.