Defining cross-border interest in the framework of public procurement legislation. A systematic review

In the context of public procurement law, the presence of “certain cross-border interest” is used to justify the application of European Union principles to public procurement contracts that fall outside the scope of European Union law. Nonetheless, cross-border interest needs to be proven based on the criteria settled by the Court of Justice of the European Union. This article presents firstly, the relevance of a definition for cross-border interest; and secondly, a systematic review on the criteria provided by the CJUE on what constitutes cross-border interest and its evolution. Finally, the paper will discuss whether there is already a wider and more comprehensive definition of the concept of cross-border interest and the potential consequences of its application.