C-385/02: The contracting authorities’ discretion regarding direct awards?
In the C-385/02, COMMISSION V ITALY, the CJEU extensively answered questions concerning the contracting authorities' discretion when awarding a contract directly. In doing so, the CJEU stipulated conditions to be satisfied when a direct award is chosen due to technical reasons. Furthermore, it showcased the judicial approach to determining whether the state of urgency is actual and grounded or purely illusory. Lastly, this judgment reaffirms that the Public Works Contracts Directive derogating provisions are to be interpreted strictly.