When does a lease amount to a public works contract?

In a significant ruling laid down by the European Court of Justice in late April, the EU Court rejected a claim by the European Commission that a public authority in Austria had breached EU procurement rules when it entered into a long lease for a new office building which had not yet been constructed.  Despite Brexit, UK courts are likely to take this helpful ruling into account when considering similar issues and the Court's judgment will provide some welcome reassurance for public authorities, land owners and developers alike by suggesting that many land deals fall outside the clutches of procurement law, even where they involve works for the benefit of a public body.  To read our briefing on the case, click here…