Benefit-sharing in concession contracts

Abstract

The text focuses on the benefit-sharing regime caused by the modification by agreement of the contractual object or by the abnormal and unpredictable variation in the profitability of contracts, including concession contracts, entered into under the format of a Public-Private Partnership, debating the limits of the amending agreement foreseen in article 311, paragraph 1, paragraph a) of the Public Contracts Code and its compatibility with European Law, in light of article 72 of Directive 2014/24 and the Pressetext doctrine.