Defining cross-border interest in the framework of public procurement legislation. A systematic review

Abstract

Originally introduced by the European Court of Justice, the presence of 'certain cross-border interest' is used to justify the application of EU principles to public procurement contracts that fall out the scope of EU law. Nonetheless, cross-border interest needs to be proven based on the criteria settled by the ECJ. This article presents firstly, the relevance of a definition for cross-border interest; secondly, a systematic review on the criterion provided by the ECJ on what constitutes cross-border interest and its evolution. Finally, the paper will discuss whether based on the criterion of the ECJ the expansion of digitalisation will render the presence of cross-border interest automatic, and in turn the applicability of EU principles to all public procurement contracts.