OGC Releases New Procurement Guidance on Development Agreements

    October 2009

    The recent decision of the European Court of Justice (ECJ) in Auroux v Comune de Roanne has generated uncertainty and concern in relation to the extent to which development agreements will (or will not) be subject to regulation under the Public Procurement rules. This uncertainty resulted in serious delay in the commencement of regeneration and development schemes and in some cases, their abandonment.