Carina Risvig Hamer, The (Non)-use of Concessions in Denmark


1. Introduction. 

2. The background for the rules of concessions. 

3. The definition of a concession contract. 

3.1. Free-Choice systems in Denmark. 

4. The rules for entering into a concession contract. – emphasis on choices made in Denmark. 

5. Conclusions.


The essay analyses the definition of concession in the light of the directive 2014/23/EU and of the CJEU jurisprudence and notes the limited use of this legal instrument in Denmark. In addition, the Author analyses the legal order on concessions, in light of the implementation in Denmark of the European directive. Lastly, it is highlighted that Denmark does not have a long tradition of using concessions. The uncertainty set up by the directive concerning the notion of concession does not help to increase the number of procurement procedures in the country.