#42 The Irado Case and the Activities Criterion & Fostering a Classroom Community
In this episode, Marta and Willem discuss the hot topic of the ongoing Irado case and the impacts it is set to have on the world of European Public Procurement Law. How to calculate the activities criterion in article 12 Directive 2014/24/EU? They begin the episode with a short chat about their recent conferences, before moving to a brief introduction to the case and the related unclarities in the Article 12 Directive 2014/24/EU on how the activities criterion is to be calculated. Namely, Willem explains how, from the text alone, it is unclear whether the activities criterion should be based on the entity you contract with, or the holding structure in which it provides its services and how this could have significant ramifications on the applicability of the exemption. They then proceed to talk about the opinion of Advocate General Rantos and express their own perspectives on the matter. They discuss whether the procurement practices in certain countries were legitimate interpretations or circumventions of the directive. Lastly, in the dessert, they switch gears and reflect on strategies that help them foster a good and productive community in the classroom.
