The operating risk in the new concession contracts. Special reference to the water management sector

Abstract

The new Directive 2014/23/EU of the Parliament and the Council, of 26 February 2014, on the award of concession contracts has implied a huge impact on the configuration of concession contracts. Particularly, the introduction of the concept “operating risk” as a key element of these contracts requires an in-depth analysis, sector by sector and taking into account the case law of the Court of Justice of the European Union. This article analyzes the possible manifestations of the operating risk in the specific case of the water management contract.

Keywords:

public contracts, Directive 2014/23/UE, concession contract, management water contract, operating risk, supply risk, demand risk