We have made available an e-briefing on our website on the Commission v Austria procurement challenge on development agreements/agreements for lease. As we have issued a lot of procurement e-briefings recently on Brexit and the Green Paper, this one is being made available on our website rather than being sent to our procurement e-briefing subscribers. It can be found here: https://www.anthonycollins.com/newsroom/ebriefings/agreement-for-lease-or-public-works-contract-austria-is-destined-to-find-out-the-hard-way/. 

This case makes it harder to argue that development agreements/agreements for lease where properties are constructed for a contracting authority to a specification approved by the contracting authority are not public works contracts.