These questions have arisen in a dispute relating to a leisure centre in the French town of Roanne, the design and execution of which was entrusted to a semi-public urban development company without the prior issue of a call for tenders. The project is characterised in particular by the fact that only certain parts of the proposed leisure centre, once constructed, were intended for the town itself, while other parts were to be disposed of by the urban development company directly to third parties, although the town was to contribute towards their financing, take over those parts not disposed of at the end of the project, and bear the full risk of any losses incurred.
The question has also been raised whether, in the determination of the value of the contract, account is to be taken of the overall volume of the project or whether, in that calculation, regard is to be had only to the price which the contracting authority will pay for those parts of the work which are intended for it, plus any overall financial contribution which it has committed.
Finally, it must be clarified whether a procurement procedure can be dispensed with where, under national law, the agreement in question can only be concluded with certain legal persons in the first place, and those persons would themselves have to carry out procurement procedures if they were to award any follow-up contracts. Where a work is subdivided into several lots, each one the subject of a contract, the value of each lot must be taken into account for the purpose of calculating the amounts referred to in paragraph 1.
Where the aggregate value of the lots is not less than the amount referred to in paragraph 1, the provisions of that paragraph shall apply to all lots. No work or contract may be split up with the intention of avoiding the application of this Directive.
When calculating the amounts referred to in paragraph 1 and in Article 7, account shall be taken not only of the amount of the public works contracts but also of the estimated value of the supplies needed to carry out the works [and] made available to the contractor by the contracting authorities.
