The retreat from Roanne continued? Commission v Spain (Case C-306/08)

Consideration of the application of the EU procurement rules to development agreements by the European Court continues with the publication of the Advocate General's opinion in the case of Commission v Spain on 16 September.

Although the judgment of the court is not expected for some months, commentators have already read into the opinion a further retreat from the court's position in the infamous Roanne case. This retreat started in March this year with the case of Helmut Muller.

Our expert analysis considers the implications of the opinion and highlights the knotty issues which still cause uncertainty for public authorities and developers alike.