ADMINISTRATIVE | The ECJ on the conditions under which a concession may be modified without a new award procedure

On 29 April 2025, the EU Court of Justice (ECJ) issued its judgment in case C-452/23 (Fastned Deutschland GmbH & Co. KG v Die Autobahn GmbH des Bundes). The dispute concerned the extension of existing concessions for the management of service areas on German motorways to include the construction and operation of charging points for electric vehicles. The question concerned whether, under certain conditions, such an extension could be granted without a new award procedure. The Court considers that this possibility is not precluded by the fact that the concession was initially awarded to an in-house entity, whereas the concessionaire has since been privatized.

Newsletter n. 107 – May 2025