Abstract

The Court pointed to this understanding of the definition of a framework agreement, the judgment emphasising that a systemic interpretation of the provision of Article 33(1) of Directive 2014/24 leads to the conclusion that the scope of performance under a framework agreement must be defined. Bearing in mind that the definition of a framework agreement under the provisions of Directive 2014/24 and the PPL is identical, it is reasonable to conclude that the phrase, „if necessary, the quantities envisaged” used in that definition does not refer to determining the scope of the subject matter of the framework agreement, but only to the performance of individual contracts under the framework agreement. Consequently, it is the absolute obligation of the contracting authorities to describe the subject of the framework agreement in a clear and exhaustive manner, i.e. it should specify the quantity, size or value of the contracts to be awarded under the framework agreement.