Abstract
The commented resolution dispels doubts raised by the doctrine as to the validity of clauses granting contracting authorities a right to claim contractual penalties for a contractor's failure to pay or delay in payment of remuneration to subcontractors included in construction works contracts concluded under the public procurement law regime. The gloss discusses key issues regarding the character of a contractor’s obligation to pay remuneration to subcontractors under an agreement with a contracting authority and the relation of the public procurement regulation to