Applying the Unfair Contract Terms Directive to Public Contracts by Carri Ginter and Mari Kelve-Liivsoo

Extending the effects of the unfair contract terms rules to public contracts produces unwanted side-effects. What is otherwise a level playing field in procurement, gets distorted by rules originally meant to protect consumers. Effectiveness of safeguards surrounding the process of procurement providing for equal opportunities and transparency is adversely affected if the balance of the contract can later significantly shift by applying private law apparatus and removing provisions from the concluded contracts.

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